What is the test for strip searches in the context of Section 8 of the Charter?
Ontario, Canada
The following excerpt is from R. v. Simone Foster, 2014 ONSC 7116 (CanLII):
From paragraph 55, I quote, 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. Southern Inc. 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, at p. 160. 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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