Top court restores charges against man illegally strip searched by Halifax police

CBC

6 days ago

Nova Scotia's highest court has restored charges against a man who was the subject of an illegal search by Halifax Regional Police.
Dante Warnell Cromwell was facing about 20 charges — including assault, drug trafficking and various firearms offences — stemming from what a judge described as a case of "extreme road rage" in April 2023. Cromwell was accused of brandishing a firearm at another motorist, who promptly called 911.
During the course of his arrest, a police officer became suspicious that Cromwell might be concealing something. He was strip searched at police headquarters, which led to the discovery of small packets of cocaine on his person.
But Judge Alonzo Wright of the Nova Scotia provincial court found that strip search illegal and a violation of Cromwell's Charter rights. The judge said staying all the charges against Cromwell was the only way to properly reflect the seriousness of that violation.
In a ruling Tuesday, the Nova Scotia Court of Appeal said Wright went too far. The three-member appeal panel said the threats and weapons charges that Cromwell faced were not tainted by the illegal search, which only pertained to the cocaine.
Judge 'over-emphasized the injury' to Cromwell: panel
The Appeal Court said the judge could have taken a more nuanced approach.
"The judge's reasons demonstrate a focus on Mr. Cromwell to the exclusion of a rounded examination of all the factors in play, including society's interest in the prosecution of drug offences," Justice Carole Beaton wrote on behalf of the panel.
"The judge did not properly weigh the societal factors, nor meaningfully consider society's interest in the prosecution of offences of violence, particularly those involving allegations of gun violence.
"Rather, he over-emphasized the injury to Mr. Cromwell, although these reasons should not be read as minimizing either the ill-advised police decision to conduct the inappropriate search or the resultant affront to Mr. Cromwell."
The Appeal Court has ordered a new trial for Cromwell on the gun and assault charges, to be conducted by a different provincial court judge.