Gun charges tossed over boy’s strip search

TORONTO — 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 the Toronto police.

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

“With all due respect to the (police), it seems to me clear that unless the admittedly rather draconian remedy of a stay of proceedings is not imposed, ‘state misconduct is likely to continue in the future,”’ Cole said, using wording from a Supreme Court of Canada decision.

To the boy, Cole said he hopes he has learned from the experience to leave guns alone.

“They do not make you cool, they do not make you powerful, they do not make you into a tough guy,” Cole said in his ruling Monday.

The boy, who can’t be identified because of his age, was 12 when teachers found a gun and ammunition in his backpack after a fight at school, the judge heard.

At the police station, officers made the boy remove all of his clothing and they performed a visual inspection.

Proper procedure for a strip search is for the accused to remove their clothing one piece at a time so it can be examined then put back on, never leaving the accused fully naked.

Cole ruled that this strip search violated the boy’s charter right to not be subjected to an unreasonable search.