Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights - Arbitrary detention - Search and seizure - Exclusion of evidence - Right to counsel - Right to be informed of reasons for detention - Right to privacy - Search warrants - Border crossings - Customs - Powers of customs inspectors - Whether search warrants are ever required at the border - Permissible routine screening at border crossing - Privacy and liberty interests of the travelling public - Whether constitutionally guaranteed rights to not be arbitrarily detained and to retain and instruct counsel without delay are engaged only at the whim of Canada border service officers - Boundary between individual liberty and law enforcement at the border.

The Applicant arrived at a Canadian-US border crossing and was referred to a secondary inspection. He was questioned further and held while his truck was searched. The customs inspectors found a cavity under the truck bed’s liner, conducted tap tests, shone a light into the cavity, and found a hinge or a seam underneath the truck. They then advised the Applicant that he was being detained and first read him his Charter rights. They drilled two holes through the truck bed and into the cavity. The drill bit became coated in white powder that tested positive for cocaine and THC. The Applicant was arrested for importation of contraband. He was read his Charter rights again and the inspectors made efforts to facilitate his access to counsel. The police were notified. The truck was towed to a different border crossing facility that has a secure vehicle examination bay. The bed of the truck was pried open and more than 60 kilograms of cocaine were seized. The Applicant was charged with possession for the purpose of trafficking and unlawfully importing cocaine.