Simon's Legal Resources

Charter - Section 8 - Strip Search

. R. v. Diakoloukas [strip search]

In R. v. Diakoloukas (Ont CA, 2026) the Ontario Court of Appeal dismissed a criminal appeal, here brought against conviction for "one count of possession of child sexual abuse and exploitation material (“CSAEM”)".

Here the court considered Charter s.8 ['search and seizure'] strip search doctrine:

[146] The Supreme Court of Canada has provided guidelines on the conduct of strip searches: R. v. Golden, 2001 SCC 83, [2001] 3 S.C.R. 679, at para. 101. For instance, the search must be done: (1) by a person of the same gender; (2) with as few people as possible present; (3) in a private area that only allows for those engaged in the search to observe; (4) as quickly as possible, ensuring that the person being searched is not left completely undressed at any one time; (5) without physical contact with the genital or anal areas; and (6) with proper note keeping. Of course, minor deviations from the Golden guidelines will not necessarily result in a s. 8 violation: R. v. Lee, 2018 ONCA 1067, 424 C.R.R. (2d) 173, at para. 15.

....

[153] As for the appellant changing back into his own personal clothing in front of an officer prior to discharge, this was not a strip search. The correctional officer was not searching for anything and not instructing the appellant on what to do.

[154] Of course, my disagreement with some of the appellant’s submissions does not diminish the seriousness of the unlawful strip search in this case. All strip searches constitute a “significant invasion of privacy and are often a humiliating, degrading and traumatic experience for individuals subject to them”: Golden, at para. 83. I accept this to be so.