Ontario judge tosses gun charges against 13-year-old over improper strip search

National Post | News

A 13-year-old boy who allegedly brought a gun and ammunition to his Toronto elementary school won’t face a trial after a judge ruled he was improperly strip-searched at the police station.

Ontario Court Judge David Cole stayed the gun possession and assault charges against the boy because he found his charter rights were violated, but not without some stern words for both the boy and Toronto police.

There is a “decade-long history” of strip searches by Toronto Police Service officers sometimes being found unconstitutional, Judge Cole said, citing other decisions.

They do not make you cool. They do not make you powerful. They do not make you into a tough guy

“With all due respect to the TPS (and perhaps also to the Police Services Board), it seems to me clear that unless the admittedly rather draconian remedy of a stay of proceedings is not imposed, ‘state misconduct is likely…

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