Sexual assault trial. Strip search and penile swab conducted resulting in DNA evidence. Trial judge previously found breach of s 8 given that one extra officer was present during the swab, that the accused was completely undressed at one time, and that the police failed to keep a full record of the search. Issue regarding 24(2) exclusion.
Held: DNA evidence admitted.
The 3 factors that led to the s 8 breach constituted a relatively minimal departure from the standards to be applied to strip searches as established in R v Saeed,  1 SCR 518. The police acted in good faith, ensured privacy during the search, used minimum force, and conducted the search expeditiously. “[T]he police in this case generally complied with the guidelines and the three shortcomings in the process do not constitute serious Charter-infringing state conduct”. Truth-seeking function better served by admission of the evidence.
G. Green – Defence Counsel