Case information

Charter of Rights and Freedoms – Search and Seizure – Remedies – Whether standards for strip searches should be recalibrated to account for youths – Whether Canada should require having an appropriate person present when a youth is strip searched – Standards required to establish a systemic breach for purpose of s. 24(1) of Charter – How systemic issues should affect a remedy under s. 24(1) of Charter?

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.

J.T., a youth, pleaded guilty to a robbery. She and two other youths pushed their victim to the floor of a subway car, stole her purse, punched her and kicked her. When arrested, J.T. was in possession of stolen property. At the police station, a stolen phone was found hidden under a co-accused’s underwear. The police determined that J.T. should be held in custody pending a show cause hearing. The officer-in-charge authorized strip searching J.T. Two female officers required J.T. to remove her clothing in stages. J.T. was never fully undressed. The search took place in a private room and lasted about two minutes. No physical contact was made other than to touch J.T.’s hair. While undressed from the waist down, J.T. was directed to squat and cough three times while an officer viewed her vagina and anus. Before sentencing, J.T. applied for a stay of proceedings. The applications judge found the strip search reasonable in the circumstances but held that the use of the squat and cough technique breached ss. 7 and 8 of the Charter. She denied a stay of proceedings and reduced J.T.’s sentence as a remedy for the Charter breach.