R. v Lee, 2013 ONSC 1000 was released yesterday (I have a copy if anyone wishes). The decision dealt with the definition of “strip search”.
Following a detention for impaired driving the accused was required to remove her shirt, sweater and bra. There appeared to be an unwritten policy of York Regional Police that female prisoners were to have any underwire bras removed.
In a careful decision Justice Fuerst found, para 37, that where an undergarment is removed a strip search occurs.
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