Accused, with an unrelated record, pleaded guilty to trafficking in $120 of cocaine. Positive pre-sentence report. Crown sought 12 months jail. ” Mr. Brown argues that police action shortly after his arrest, in which he was strip searched and the strip search was videotaped, entitles him to a reduction of sentence.” Defence sought a 90 day sentence.

Held: 90 days jail plus 2 years probation.

Given the 3 year starting point, the 12 month sentence requested by the Crown would generally be fit. “However … the sentence must also take into account Charter values. The strip search of Mr. Brown was unreasonable and the unreasonable strip search was conducted unreasonably. The practice of the police officer who conducted Mr. Brown’s strip search to conduct a strip search every time a search incident to arrest after an arrest for street level trafficking produced no drugs was not a reasonable basis on which to inflict such a humiliating, degrading search.” 12 month sentence reduced as per Nasogaluak, 2010 SCC 6.

D. Wolsey – Defence Counsel