Drug smuggling charges carrying a possible life sentence were thrown out in court after a judge in Windsor, Ont., said the rights of a border-crossing truck driver were “egregiously” violated.
Part of the judge’s detailed and scathing 37-page decision points to “disturbing” training practices at the Canada Border Services Agency (CBSA) regarding how strip searches are conducted.
Just after midnight on October 29, 2023, Harinder Singh Saini was taken for re-examination at the Ambassador Bridge.
During the arrest, CBSA officers say they found 121 bricks of cocaine worth between $10.8 million and $13.2 million in his trailer, as well as $10,000 in cash.
If the case had gone to trial, Saini would have pleaded not guilty because “he did not know” the drugs were in his trailer, said Saini’s lawyer, Rafik Kodsi.
On May 29, just days before the jury trial was to begin, Superior Court Judge Jennifer Bezaire announced a stay of proceedings, meaning the Crown could not refile the charges.
“While it is somewhat comforting that the cocaine was seized and did not end up on the streets, the seriousness of the alleged crimes made this decision very difficult,” Bezier said.
However, Bezaire also noted that the delay is necessary because it risks undermining the integrity of the judicial system, which “far outweighs the seriousness of the crimes.”
“This is one of the clearest cases where a stay of proceedings is warranted,” Bezaire said, noting that it is the most drastic measure at her disposal.
Two CBSA officers violated Saini’s Charter rights seven times, Besaire said in her ruling.
In a statement, a CBSA spokesman said the agency continues to review the judge’s decision in the case.
“As a law enforcement agency tasked with protecting Canada’s borders, the CBSA holds its officers to the highest standards of conduct,” the statement said. “We are proud and confident in our workforce, their professionalism and the good work they do to protect communities and prosper Canada.”
‘Humiliating and humiliating’ strip search carried out
During his arrest, Saini was strip-searched, which lasted approximately three minutes.
Bezaire found that the officers did not have a reasonable basis to conduct the strip search and it was conducted in an unreasonable manner.
Officers told the court they believed Saini may have had more money and were unaware of the drugs in the truck trailer during the strip search.
In 2001, the Supreme Court of Canada ruled that police officers are allowed to conduct strip searches and they simply cannot be carried out automatically upon arrest.
The judge said the officers did not obtain supervisor approval for the actions and did not maintain records to “allow for meaningful judicial review,” which contravenes two statutes that CBSA officers are expected to follow.
The Supreme Court also ruled that during strip searches, the suspect cannot be completely naked at any time.
Saini was ordered to completely undress, asked to lift her genitals and bend over for a visual inspection of her rectum.
“I believe the officers conducted the strip search in the most degrading and humiliating manner,” Besaire said.
Saini also asked to speak with a supervisor and a lawyer before the search, but was only allowed to do so, “rendering his rights in this regard virtually meaningless,” Besaire said.
“The officers blatantly denied Mr. Saini his right to counsel at a time when he needed it most, just before they subjected him to a humiliating and highly intrusive strip search that was completely unnecessary in the circumstances,” Besaire said.
CBSA’s search policy is ‘deeply troubling’
In 2023, when the incident occurred, a judge found that CBSA policy required strip searches to be conducted in a “humiliating manner” where the suspect is completely naked.
The Supreme Court guidelines on strip searches also state that a person should never be completely naked.
By 2024, Besaire noted that the CBSA has updated its policies to comply with Canadian laws regarding strip searches.
However, when both officers testified in early 2026, both were unaware of the update, which Beser said meant the policy was updated “only on paper, not in practice.”
“It’s very concerning,” Bezier said. “The evidence points to a very serious and troubling training and policy problem at the CBSA.”
In its statement, the CBSA did not answer questions about why the 2024 policy does not apply to officers, but noted that all officers are trained in strip searches.
“This training has been an integral component of the program since its inception and covers the applicable statutory framework, CBSA policies and procedures, Bylaw requirements and note-taking standards associated with the conduct of strip searches,” the statement said.
“The agency’s Border Patrol officer training is continually reviewed and updated.”
Rafik Kodsi is a criminal defense lawyer based in Toronto. (Jason Viau/CBC News)
“The officers involved in this case were not aware of this policy change until I checked with them in January of this year,” Kodsi said.
“That’s why this was so egregious and ultimately why I argued there was no remedy other than a stay of the proceedings,” Kodsi said.
“The court should have dissociated itself from this behavior: a statesman across Canada is, in fact, not following the Supreme Court’s ruling.”
Other Charter rights also violated, judge says
The judge also found that Saini’s right against self-incrimination was violated when he was questioned about $10,000 in cash found in his truck before his arrest and before speaking with his lawyer.
Bezaire found that Saini was not initially told why he was being detained, a violation of another section of his Canadian Charter of Rights and Freedoms.
The judge found that CBSA officials also failed to inform Saini of his right to an attorney before questioning him and delayed calling to obtain an attorney.
“Officers found the currency, suspected him of involvement in the crime and inappropriately pressured him to answer their questions,” Besaire said.
Kodsi said he hopes the decision and the stay of the proceedings will lead to change at the CBSA and highlight the importance of law enforcement agencies respecting the Charter of Human Rights and Freedoms when conducting investigations.