MANDEL: Accused cocaine smuggler’s charges tossed over unlawful strip search

A Windsor judge found the Canada Border Services Agency conducted an illegal strip search and delayed trucker's right to a lawyer

Published Jul 16, 2026  •  Last updated 39 minutes ago  •  4 minute read

Scales of justice. Photo by Corgarashu /Fotolia

A trucker accused of smuggling $13 million in cocaine into Canada has had his charges thrown out after a Windsor judge found he’d been unlawfully strip searched by border agents in a “humiliating and degrading” manner that left him completely naked.

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The intrusive search lasted about three minutes in a private room.

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“The violations are egregious,” Superior Court Justice Jennifer Bezaire said in a recent decision. “The harm to the system in allowing the trial to proceed far outweighs the seriousness of the offences, and therefore this is one of those clearest of cases where a stay of proceedings is warranted.”

Somehow it’s difficult to reconcile Charter violations being more serious than allegedly importing 120.348 kg of coke.

Harinder Singh Saini was stopped at the Ambassador Bridge just after midnight Oct. 29, 2023, on his way back from the United States. His name was flagged for possible tobacco smuggling and he and his tractor trailer were pulled aside for secondary inspection. He told border agents he wasn’t bringing in any currency equal or more than $10,000 – but according to the ruling, they found five stacks of $20 Canadian bills wrapped in elastic bands in his cab that amounted to $10,000.

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Saini said he thought that amount was allowed and explained that he needed the cash to pay for gas because his fleet credit cards weren’t working – though they later found gas receipts in the cab.

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Questioned and strip searched

Without being able to first speak to a lawyer, he was questioned and strip searched. After 121 bricks of cocaine were later found in the trailer, Saini was ultimately charged with importing cocaine, possession for the purpose of trafficking cocaine, two counts of possession of property obtained by crime over $5,000 and failing to report it to an officer.

He denied all the charges – he said he didn’t know the drugs were in the trailer – and sought a stay of the proceeding due to 10 alleged Charter violations.

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The judge agreed the two Canada Border Service Agency officers ran roughshod over his constitutional rights.

Bezaire said they had no grounds to strip search Saini, they didn’t get their supervisor’s approval and didn’t document the reasons in their notebooks. Instead, they did it as a matter of routine.

“Border Security Officers do not have unfettered discretion to strip search detainees, nor do they have authority to do it as a matter of routine simply because it is noted in the detention statement,” she wrote in her ruling.

The agents also violated strip search guidelines set in the Supreme Court’s Golden decision of 25 years ago, including a ban on detainees being fully undressed at any time.

“Contrary to Golden, Mr. Saini was completely naked for a full body visual inspection. While he was completely naked, the officers proceeded to search his hair, behind his ears and under his arms. He was also asked to lift his penis and testicles and turn around and bend over for a visual of his rectum,” the judge said.

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‘Wholly unnecessary’ for Saini to be ‘completely naked’

“I find that the officers conducted the strip search in the most degrading and humiliating manner. It was wholly unnecessary for them to require Mr. Saini to be completely naked. The officers unnecessarily prolonged the intrusiveness of the search and gave no thought to limiting the implications on Mr. Saini’s privacy and dignity.”

There was absolutely no basis for the agents to believe he’d hidden money behind his ears, let alone in his genitals, she said.

“Neither officer provided a reasonable explanation for why Mr. Saini was fully naked, other than it was how they were trained and CBSA policy.”

It turns out they were just following orders – illegal ones.

Canada Border Service Agency didn’t update their strip search policy until 2024 – a whopping 23 years after the Supreme Court decision – but when questioned in court in January, the border agents still weren’t aware of the change.

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Bezaire slammed the agency for changing the policy “on paper only and not in practice.”

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The judge also found the agents violated Saini’s Charter rights by asking him about the money before he spoke to a lawyer and by not telling him why he was detained. In all, she found seven Charter violations and made the “very difficult decision” of setting him free.

Defence lawyer Rafik Kodsy was asked how he’d respond to outrage that an illegal three-minute strip search outweighed the need for a trial on such serious charges.

“It’s not just the three-minute strip search,” the lawyer argued. “It’s the cumulative effect of all the Charter violations that Her Honour found.”

The Charter is here to protect all of us, Kodsy continued.

“The law relating to the Charter rights that were violated in this case has been clear for decades,” Kodsy said. “This decision was a demonstration to members of our society that their Charter protected rights are paramount and will be protected by the Courts. “

His lawyer says the Crown will not appeal and so Saini is happy to move on with his life – including driving a transport truck.

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