All Charges Stayed: Possession of a Loaded Prohibited Firearm and Assault
A strip search is one of the most intrusive and humiliating things that a police officer can do to a citizen. For a strip search to be legal it must only be used where it is necessary for a specific and sufficient purpose, and it must be conducted in accordance with the strict requirements that our courts have put in place to protect the integrity of the person being searched. At trial, Tyler MacDonald established that the police did not properly conduct the strip search of his client in that they stripped him completely naked, breaking rules that were put in place by the Supreme Court of Canada more than a decade ago. The judge found that the police misconduct in this case, and in similar cases, was so egregious that it would be offensive to allow the prosecution to proceed. All charges against the client, related to allegations of possessing a loaded prohibited handgun and assault, were stayed.