Windsor, Ontario: An Ontario Superior Court judge has dismissed a major cocaine importation case involving more than 120 kilograms of cocaine after finding that border officials committed multiple and serious violations of the Canadian Charter of Rights and Freedoms during the investigation.
Justice Jennifer Bezaire ordered a stay of proceedings against Harinder Singh Saini, bringing an end to six criminal charges that included importing cocaine, possession of cocaine for the purpose of trafficking, possession of proceeds of crime, and failing to report to a border officer. The court concluded that the repeated violations of Saini’s constitutional rights were so severe that allowing the prosecution to continue would undermine the integrity of Canada’s justice system.
The case stemmed from an incident on October 29, 2023, when Saini entered Canada through the Ambassador Bridge connecting Detroit and Windsor. During an initial inspection, border officers identified his name on a Canada Border Services Agency (CBSA) watch list related to a separate tobacco smuggling investigation. A secondary inspection led officers to discover bundles of Canadian currency, followed by a search of the commercial trailer that uncovered more than 120 kilograms of cocaine with an estimated street value of $10.8 million to $13.2 million.
Despite the seriousness of the allegations, the court found that CBSA officers violated Saini’s Charter rights on seven separate occasions during the six to seven hours before the drugs were discovered.
Justice Bezaire was particularly critical of the strip search conducted by border officers, describing it as unnecessary, degrading and humiliating. The court ruled that officers lacked reasonable grounds to justify such an intrusive search, failed to obtain supervisory approval, and did not properly document the reasons for carrying it out. The judge concluded that requiring Saini to completely undress was excessive and inconsistent with constitutional protections.
The court also found that Saini’s rights were violated when he was compelled to answer questions before consulting legal counsel and experienced an unreasonable delay in gaining access to a lawyer. Justice Bezaire determined that these violations reflected a broader disregard for Charter protections rather than isolated errors.
In her decision, the judge also criticized the Canada Border Services Agency for failing to align its strip search policies with the Supreme Court of Canada’s 2001 decision in R. v. Golden, which established strict legal standards governing strip searches. Although the CBSA updated its policy in 2024, the court heard that the officers involved were unaware of the revised procedures when they testified during the hearing in early 2026.
The Canada Border Services Agency stated that it is reviewing the court’s ruling. The agency emphasized that border officers receive training on strip searches, Charter requirements, applicable legislation, and agency policies, and maintained that its officers are expected to act professionally while protecting both Canada’s security and the constitutional rights of travellers.
Justice Bezaire acknowledged that the seizure prevented a large quantity of cocaine from reaching Canadian communities but concluded that the cumulative Charter violations were so serious that staying the proceedings was the only appropriate remedy. She ruled that the damage caused to the administration of justice by permitting the trial to continue outweighed the public interest in prosecuting the alleged offences.
Saini’s lawyer, Rafik Kodsy, welcomed the ruling, stating that the decision reinforces the principle that constitutional rights apply equally to every individual, regardless of the seriousness of the allegations they face. He said the judgment serves as an important reminder that law enforcement agencies must respect Charter protections while carrying out their duties and that systemic violations cannot be tolerated in Canada’s justice system.