‘Egregious’ charter violations at Windsor border, judge dismisses $13M cocaine importation case

CTV News file photo.

A judge has dismissed a $13-million cocaine importation case due to ‘egregious’ charter violations at a Windsor, Ont. border crossing.

Harinder Singh Saini is no longer facing six drug charges because his rights were violated seven times by Border Services Officers (BSO) in October 2023.

“Although it is somewhat comforting that the cocaine was seized and did not make it onto the streets, the seriousness of the alleged offences made this decision very difficult,” Justice Jennifer Bezaire wrote in her May 22, 2026, decision.

The alleged offence

On Oct. 29, 2023, Saini entered Canada at the Ambassador Bridge between Detroit and Windsor.

His name was flagged by the Canada Border Services Agency (CBSA) BSO at primary inspection because he was on what’s called a “lookout” list for potential tobacco smuggling.

Saini also denied having more than $10,000 currency in his possession at the booth.

At secondary inspection however, officers discovered “…five stacks of Canadian $20 bills, held together by elastic bands,” the judge’s decision explains.

A subsequent search of Saini’s trailer discovered more than 120 kilograms of cocaine, which the court estimates is worth $10.8 to $13.2 million on the street.

While noting the charges are “serious” and carry a potential life sentence upon conviction, Saini’s lawyer sought a stay of proceedings because of what happened in the six to seven hours before the drugs were found.

The charter violations

Justice Bezaire found Saini’s rights under the Charter of Rights and Freedoms were violated in seven different ways, most egregiously, the judge found, was a strip search.

“[The BSO’s] approached the strip search without any regard for whether it was necessary in the circumstances,” the judge said.

“The mere possibility that an individual may be concealing evidence is not sufficient to justify a strip search; there must be something more.”

The court found it was unlikely Saini was hiding stacks of currency behind his ears, in his hair, or hidden in his genitals.

“I find that the officers conducted the strip search in the most degrading and humiliating manner. It was wholly unnecessary for them to require Mr. Saini to be completely naked,” Justice Bezaire ruled.

The BSOs also did not receive approval from their supervisor, nor did they document the reasons for the strip search.

The court also found Saini’s rights were violated when he was compelled to answer questions and he was delayed in speaking with a lawyer.

The BSO proceeded with more questions and conducted the strip search before Saini spoke with his lawyer.

“Cumulatively, the violations are egregious. The conduct in this case reflects a significant disregard and lack of appreciation for an individual’s charter rights,” Justice Bezaire found.

The CBSA policy

When Saini arrived at the border in 2023, the CBSA “disrobement policy mandated a completely naked search”, according to the judge.

That, she says, goes against a case called R. v. Golden, issued by the Supreme Court of Canada in 2001.

The SCC found strip searches constitute “significant and very direct interference with personal privacy” and often constitute a “humiliating, degrading, and traumatic experience for individuals subjected to them.”

That ruling was 22 years old by the time Saini was searched.

“CBSA should have long since updated its policy and the officers should have long since been made aware of the requirements of Golden,” Justice Bezaire wrote.

“Further, and while CBSA ultimately did update its policy in July 2024, it appears to have done so on paper only and not in practice.”

Both BSOs involved in the incident knew nothing about the updated strip search policy at the time of their testimony at the Windsor hearing in early 2026.

CTV News asked CBSA for comment, specifically about the issue of updated training on the new policy.

Here is the agency’s response:

The Canada Border Services Agency continues to review the judge’s ruling in this case.

As a law enforcement agency entrusted with protecting Canada’s borders, the CBSA holds its employees to a high standard of conduct. We take pride and have confidence in our workforce, in their professionalism, and the good work they do to protect Canada’s communities and prosperity.

All officers receive training on strip searches as part of the Officer Induction Training Program. This training has been an integral component of the program since its inception and covers the applicable legislative framework, CBSA policies and procedures, charter requirements, and note taking standards related to the conduct of strip searches. The agency’s training of border services officers is reviewed and updated on an ongoing basis.

Acting in accordance with the law and treating all people with respect, dignity, and fairness is fundamental. Our officers are responsible for ensuring that all persons, including Canadian citizens, seeking entry to Canada are subject to the same rules and regulations while balancing the responsibilities of protecting the rights of all travellers and protecting Canada’s safety and security.

The charges stayed

Justice Bezaire found the violations so serious she stayed all the charges against Saini; importing cocaine, possession for the purpose of trafficking cocaine, two counts of possession of property obtained by crime over $5,000 and fail to report to officer.

“The harm to the system in allowing the trial to proceed in the face of the egregious charter violations far outweighs the seriousness of these offences,” the judge said.

“[The violations] are also the result of a systemic problem, such that I find that the only remedy capable of redressing the harm is a stay of proceedings.”

The reaction

“We’re happy,” Rafik Kodsy, Saini’s lawyer, told CTV News late Tuesday in a virtual interview.

“Mr. Saini in the sense was vindicated, in that his rights were violated, and the appropriate remedy was imposed.”

Kodsy adds, however, every Canadian should be happy with and aware of the Windsor court decision.

“Regardless of the nature of the charge itself, regardless of how serious the charge is, our charter rights are paramount, and the courts are here to protect our charter rights,” Kodsy said, noting the drug importation charges were allegations and never proven in court.

“We all know and we all accept that importing is a very serious offence,” Kodsy conceded.

“But when you have a systemic violation of this nature, where the Supreme Court gave clear direction numerous times on the various charter violations that occurred here, it’s not okay. It can’t be tolerated. The only way that we can fix these problems is by the courts deciding them in this way.”

Kodsy declined to share his clients age or hometown.