Episode 22: R. v. Ali
R. v. Ali
In April of 2014, police obtained and executed a search warrant on a residence in Lethbridge, Alberta, after receiving information from two informants that two individuals were selling large quantities of cocaine from said residence. During the search, Mr. Ali was found in the premises, arrested and searched. He was found to be in possession of a large amount of cash, a cell phone, and small bag of marijuana. He was brought to the station and subsequently strip searched, which revealed three white baggies containing cocaine secreted in his “butt crack area”.
At trial, a voir dire was held, during which Mr. Ali argued, in part, that the strip search was not justified. The trial judge rejected this argument and admitted the evidence. Mr. Ali was ultimately convicted of possession of cocaine for the purposes of trafficking.
The sole issue on appeal was whether Mr. Ali was unjustifiably subjected to a strip search on his arrest, thus violating his s. 8 Charter rights.
A majority of the Court of Appeal of Alberta held that there was sufficient evidence to justify the trial judge’s conclusion that there were reasonable and probable grounds for the strip search based on the test in R. v. Golden, 2001 SCC 83, [2001] 3 S.C.R. 679, and dismissed the appeal. This conclusion was based on police surveillance, the confidential informants indicating there was drug trafficking occurring at the residence to be searched, that someone fitting the description of Mr. Ali was involved, and the testimony of an officer that Mr. Ali was reaching towards his “nether region” and the back of his pants during arrest.
Justice Veldhuis dissented and would have allowed the appeal, arguing that while the officer subjectively believed Mr. Ali had secreted drugs on his person, there was insufficient objective evidence to establish reasonable and probable grounds that drugs would be found, resulting in a breach of s. 8 of the Charter.
Mr. Ali appealed to the Supreme Court of Canada as of right.