Seizing Information from a Naked Suspect
Police questions may or may not give rise to a s. 8 claim; a fact-specific examination of the circumstances is required. Where a detained individual reasonably believes he is compelled to provide the information sought by an officer, the receipt of that information constitutes a non-consensual taking, and therefore a seizure within the meaning of section 8 of the Charter. R. v. Harris 2007 ONCA 574 (CanLII) . R. v. Cowan , 2017 ONCJ 310 (CanLII) lays this rule bare. In Cowan , a police officer investigating a lead that a drunk driver was within a massage parlour named Vibrations, entered the establishment and located the suspect in a massage room. The officer found the individual naked and lying face-down on a massage table with a towel draped over his buttocks. The police officer questioned the mostly-naked fellow, directed him to get dressed, confirmed his identity and arrested him for impaired driving. The court concluded that the officer’s conduct resulted...