Drug trafficking charges stayed after defence challenged how Saskatoon police filmed strip search
'The fault on this one lies with the police': defence lawyer Meagan Ward
The Crown has stayed drug trafficking charges against a Saskatoon woman after the defence challenged how she was filmed during a strip search by Saskatoon police.
Tanisha Velasquez was arrested and charged with possession for the purpose of trafficking in December 2021. Police seized ecstasy, meth and 391 grams of fentanyl in bulk form, hidden inside a teddy bear within a Canada Post package.
"This is a significant seizure of fentanyl, as it prevents hundreds of single doses of fentanyl from entering our community," police said in a news release at the time.
Velasquez was supposed to stand trial this month. But on Monday, prosecutor Andrea Curliss directed a stay of proceedings on all charges. The Crown will direct a stay when it decides there is no reasonable chance of conviction.
In accepting the stay, Justice Krista Zerr told Velasquez, "Ms. [Meagan] Ward has given you exceptional representation."
"Crown counsel does not always get to choose the cards they are dealt," Zerr added.
In an interview outside court, Ward said she did not know the strip search had been filmed until the Crown specifically asked police on the eve of the trial.
"To be entirely fair, I think the Crown was very diligent in pursuing that. I don't think the fault on this one lies with the Crown, I think the fault on this one lies with the police," she said.
"I think it became very evident in this file that there needs to be improvements at SPS (the Saskatoon Police Service). I understand that there have been changes that have been made."
In February, during pre-trial motions, Ward cross-examined lead investigator Const. Kerisha Bird about what happened with Velasquez at the police station.
Bird testified that she and another female officer strip searched Velasquez in a detention holding cell. Bird said she knew there were cameras in the holding cells. She said that she did not ask afterward whether the camera was recording the search.
Under questioning, Bird said she knew that under Saskatoon police policy officers must prepare a written occurrence report outlining the reasons for the strip search and the manner in which it was conducted.
Bird said she did not take any notes or file any report. She added that it's usually the responsibility of the officer doing the search, in this case a special constable, to write the report. Bird said she did not check whether a report had been written.
Bird also acknowledged that Velasquez had already been searched twice by officers — on her arrest and then again in detention —before being taken into the holding cell.
None of the searches turned up drugs or drug paraphernalia.
Ward said that the Supreme Court of Canada ruled two decades ago on the issue.
"Obviously, our courts have been pretty clear," she said.
"The Supreme Court [in R vs. Golden] many, many years ago was pretty clear about the importance of privacy in these types of strip searches. They're very traumatic. They can have a significant impact."
In November 2024, the Crown stayed drug trafficking and money laundering charges against Saskatoon twin brothers — one a dentist — and a woman after Saskatoon police botched a strip search.
"The Crown is directing a stay on all counts against all three accused," said a statement read in court.
"Aspects of strip searches by elements of the Saskatoon Police Service in 2021 reflected in this investigation did not comply with the requirements established by the Supreme Court of Canada in R v. Golden."
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