An Ontario Superior Court judge has ordered a retrial in an impaired driving case after finding police stripped a woman of her Charter rights by ordering she remove her underwire bra — said to be a 20-year-old unwritten search policy.
If you are going to have a policy that leads to female suspects removing their underwear, one would think it best to write it down somewhere.
The Toronto Star reports that Justice Michelle Fuerst ordered a retrial for Sang Eun Lee after finding York Regional Police had been subject to an unreasonable search when she was ordered to remove her bra during a post-arrest search.
For the record, the bra was removed in a private room.
A lower court had previously ruled the move was acceptable because the intent was to obtain the bra to be searched. The Star reports that the search was in accordance to a 20-year-old unwritten policy.
According to the Star, Fuerst ruled:
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The trial judge also