Legal Issues Articles - Article 1 (Strip Search)

What is the legal issue?

The case concerns routine strip searches of youth in custody, which violated their rights under the Canadian Charter of Rights and Freedoms. An Ontario judge found these searches "troubling" and reduced the sentences of two teenage girls due to the infringement of their rights.

What are the key details of the case?

• Two teenage girls were charged in the 2022 "swarming" death of Kenneth Lee, a homeless man in Toronto.

• While in custody, they were strip-searched multiple times after family visits or court appearances.

• These searches were routine, despite policies stating strip searches should be a last resort.

• The judge ruled that the searches violated their rights under the Charter.

• As a result, the judge reduced their sentences.

What is a strip search?

A strip search is when a person’s clothing is removed for a visual inspection of their body. In Canada, it is considered highly intrusive and must meet strict legal requirements. ("R v Golden").

What does Section 8 of the Canadian Charter of Rights and Freedoms protect?

Section 8 protects against unreasonable search and seizure, meaning searches must be justified and not conducted arbitrarily.

What is Ontario Regulation 155/18?

A provincial policy that states strip searches of youth in custody should only be a last resort and must consider individual circumstances.

What was the significance of R v Golden (2001)?

The Supreme Court ruled that strip searches should not be routine and must be justified by specific circumstances.

What areas of law are addressed in the case?

• Criminal Law – The case involves criminal charges against the two teenage girls.

• Constitutional Law – The court ruled the searches violated the Charter of Rights and Freedoms.

• Administrative Law – It questions whether detention centers followed provincial policies.

What are different legal perspectives on the issue?

• Judicial – Courts emphasize that routine strip searches violate constitutional rights.

• Legislative – Policies like Ontario Regulation 155/18 aim to restrict strip searches in youth facilities.

• Advocacy Groups – Argue that strip searches are dehumanizing and call for stricter oversight.

How common are routine strip searches in Canada’s youth detention centers?

Reports and lawsuits suggest that routine strip searches still occur, despite policies restricting them.

What are the psychological effects of strip searches on youth?

Research shows they can cause humiliation, anxiety, and trauma, which may impact rehabilitation.

What additional information is needed for an informed opinion?

• Detention center policies on strip searches.

• Testimonies from staff explaining why these searches happened.

• Expert opinions on psychological effects on youth.

What are key takeaways from this case?

• Canada’s legal system prioritizes individual rights, including protections against unjustified searches.

• The R v Golden ruling set clear guidelines against routine strip searches.

• There is a gap between policy and practice, requiring better oversight.

What larger legal or societal issues does this case connect to?

• Youth treatment in the justice system.

• Balancing security measures and individual rights.

• Systemic issues in detention center policies.