A Windsor judge has thrown out charges against a trucker accused of smuggling $13 million in cocaine into Canada, citing egregious Charter violations committed by border agents during a strip search. The intrusive search lasted approximately three minutes in a private room and left the truck driver completely naked.
Superior Court Justice Jennifer Bezaire ruled that the violations were so severe, they outweighed the seriousness of the alleged offences. The judge found that the border agents had no grounds to strip search the driver, Harinder Singh Saini, and did not follow proper procedures, including failing to document the reasons for the search and obtain a supervisor's approval.
The agents also disregarded strip search guidelines set out by the Supreme Court, including a ban on detainees being fully undressed at any time. The judge described the search as "degrading and humiliating" and stated that it was "wholly unnecessary" for the driver to be completely naked.
The search was part of a secondary inspection at the Ambassador Bridge, where Saini was stopped on his way back from the United States. He was accused of importing 120.348 kg of cocaine and faced multiple charges, including possession for the purpose of trafficking.
Justice Bezaire found seven Charter violations, including the right to speak with a lawyer before being questioned and the right to know why he was detained. The judge made the "very difficult decision" to set Saini free, citing the cumulative effect of the Charter violations.
The Crown has indicated that it will not appeal the decision, and Saini is said to be happy to move on with his life, including driving a transport truck.
