‘System problem’ exists at the CBSA with how strip searches are conducted, judge finds
Drug smuggling charges carrying a possible life sentence were thrown out of court after a Windsor, Ont., judge says the cross-border truck driver’s Charter rights were violated in an “egregious” manner.
Part of the judge’s detailed and scathing 37-page decision points to “highly concerning” training practices at the Canada Border Services Agency (CBSA) in relation to how strip searches are conducted.
Just after midnight on Oct. 29, 2023, Harinder Singh Saini was pulled into secondary inspection at the Ambassador Bridge.
While he was detained, CBSA officers say they discovered 121 bricks of cocaine in his trailer with a street value of between $10.8 million and $13.2 million as well as $10,000 in cash.
If this proceeded to trial, Saini would have pleaded not guilty because “he did not know” the drugs were in his trailer, according to Saini’s defence lawyer Rafik Kodsy.
On May 29 — just days before a jury trial was set to begin — Superior Court Justice Jennifer Bezaire issued a stay of the proceedings, which means the charges cannot be re-filed by the Crown.
“Although it is somewhat comforting that the cocaine was seized and did not make it onto the streets, the seriousness of the alleged offences made this decision very difficult,” said Bezaire.
However, Bezaire also noted the stay was necessary because it risked undermining the integrity of the judicial system, which “far outweighs the seriousness of the offences.”
“This is one of the clearest cases where a stay of proceedings is warranted,” said Bezaire, noting that it’s the most drastic measure at her disposal.
Two CBSA officers violated Saini’s Charter rights seven times, Bezaire stated in her ruling.
In a statement, a CBSA spokesperson said the agency continues to review the judge’s decision on this case.
“As a law enforcement agency entrusted with protecting Canada’s borders, the CBSA holds its employees to a high standard of conduct,” the statement said. “We take pride and have confidence in our workforce, in their professionalism, and the good work they do to protect Canada’s communities and prosperity.”
‘Degrading and humiliating’ strip search conducted
Saini was subjected to a strip search while being detained that lasted roughly three minutes.
Bezaire found that officers did not have reasonable grounds to perform that strip search and it was conducted in an unreasonable manner.
The officers told the court they believed Saini could have more cash on him and weren’t aware of the drugs in the truck trailer at the time of the strip search.
In 2001, the Supreme Court of Canada ruled that there is a high bar for officers to perform a strip search and they simply cannot be automatic when someone is arrested.
The judge said the officers did not receive approval for a supervisor to conduct and did not keep notes to “permit a meaningful court review,” defying two pieces of legislation CBSA officers are expected to follow.
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