Transgender Inmate with Sexual Offense History Loses Transfer Bid to Women's Prison
A Windsor judge has dismissed $13 million drug smuggling charges against cross-border truck driver Harinder Singh Saini, citing 'egregious' Charter rights violations by Canada Border Services Agency (CBSA) officers.The decision stems from a detailed 37-page ruling that highlights systemic issues with strip search practices at the CBSA.Saini was detained at the Ambassador Bridge in 2023 after CBSA officers discovered 121 cocaine bricks worth $10.8 to $13.2 million and $10,000 in cash.
While the charges could have led to a life sentence, the judge ruled that the strip search conducted on Saini was unconstitutional, violating his right to legal counsel and dignity.
The ruling criticizes CBSA training practices, noting officers failed to follow Supreme Court guidelines on strip searches, which require suspects to never be fully undressed at once.
Despite a 2024 policy update to align with Canadian law, the officers involved were unaware of the change, leading to the judge's conclusion that the agency's policies were not implemented in practice.The decision underscores concerns about systemic failures in border enforcement and the need for improved compliance with Charter rights.