E119| Does a strip search renew s. 10(b) Charter right to counsel?
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Thompson, 2025 ONCA 500 where a man was arrested in relation to a serious drug investigation and later strip searched after being booked into cells. Police delayed advising the man of his s. 10(b) Charter right to counsel for 20 minutes following his arrest, and did not re-advise him of his right to a lawyer before conducting the strip search many hours later and after he had already spoken to duty counsel. Was the 20 minute delay justified and were the police required to provide a second s. 10(b) advisement before conducting the strip search incident to arrest? What you might learn may change the way you do business!
Additional cases referenced:
- R. v. Thompson, 2022 ONSC 6173
- R. v. West, 2020 BCSC 1780
- R. v. Kikiantonis, 2025 ONCJ 399
- Toronto Police Policy — 01-02 Search of Persons
- R. v. Sinclair, 2010 SCC 35
- R. v. Golden, 2001 SCC 83
- R. v. Suberu, 2004 SCC 33
- R. v. Ali, 2022 SCC 1
- R. v. Taylor, 2014 SCC 50
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