Michelle Psutka of Scott Fenton Barristers
By Julius Melnitzer | September 19, 2022
The Ontario Court of Appeal has ruled that the strip search of a male accused in the presence of a female officer did not violate the accused’s Charter rights because the search took place in “exigent circumstances.”
“The Court of Appeal’s reasons affirm that the involvement of an officer of the opposite gender of the accused will not necessarily render a search illegal, as long as there was a true emergency and the officer reasonably perceived the extent of their involvement to be necessary to respond to that emergency,” says Michelle Psutka of Toronto criminal law boutique Scott Fenton Barristers in an email response to written questions from Law Times.
Read more here . . .
Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.
RELATED STORIES
Ontario Court of Appeal catches up with HIV science in voiding decade-old sexual assault conviction
Bare Bones Briefs: Ineffective lawyering can include bad advice on whether to testify
Bare Bones Briefs: OCA says police can’t investigate impaired driving on private property
Bare Bones Briefs: “No escape” supports inmate’s duress defence