Judge throws out $13M drug smuggling charges against trucker over 'egregious' Charter rights violations
A judge stayed $13 million in drug smuggling charges against a trucker due to 'egregious' Charter rights violations by border officers. The ruling criticized the Canada Border Services Agency's training and conduct regarding strip searches.
Why it matters
This case highlights the tension between law enforcement powers at the border and the constitutional rights of individuals, leading to the dismissal of serious criminal charges.
Part of the judge's detailed and scathing 37-page decision points to "highly concerning" training practices at the Canada Border Services Agency (CBSA) in relation to how strip searches are conducted.
Just after midnight on Oct. 29, 2023, Harinder Singh Saini was pulled into secondary inspection at the Ambassador Bridge.
While he was detained, CBSA officers say they discovered 121 bricks of cocaine in his trailer with a street value of between $10.8 million and $13.2 million as well as $10,000 in cash.
If this proceeded to trial, Saini would have pleaded not guilty because "he did not know" the drugs were in his trailer, according to Saini's defence lawyer Rafik Kodsy.
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