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 in the individual being detained for the purpose of investigating a complaint of impaired driving, and that (on the authority of Harris) the answers to the police questioning constituted a seizure.

The seizure of information was unreasonable and in breach of the individual s. 8 Charter rights because of, among other things, “the unique circumstance posed by Cowan’s nakedness during that interrogation.”



 Stuart O'Connell, O'Connell Law Group, leadersinlaw.ca




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