What is the current state of the law on strip searches?

Ontario, Canada


The following excerpt is from R. v. Graham, 2016 ONCJ 698 (CanLII):

Section 8 of the Charter has as its purpose the protection of individuals from unjustified state intrusions on their privacy. It follows that we must have some means of preventing unjustified searches before they occur, rather than simply determining after the fact whether the search should have occurred in the first place: Golden, at para. 89; Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, [1984] S.C.J. No. 36, at p. 160 S.C.R. The importance of preventing unjustified searches before they occur is especially acute for strip searches. They involve a significant and direct interference with personal privacy and can be humiliating, embarrassing and degrading for those subjected to them: Golden, at para. 89.

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