Nova Scotia's highest court has ordered an Indo-Canadian man, who successfully argued his charter rights were violated when he was arrested with three kilograms of cocaine at Halifax airport four years ago, will stand trial again.

The Nova Scotia Appeal Court ruled that Mandeep Singh Chehil should stand trial after RCMP officers discovered three kilograms of cocaine in his luggage when he arrived at the Halifax Stanfield International Airport from Vancouver on Nov. 16, 2005.

Chehil argued during his trial that his rights were violated under the Personal Information Protection and Electronic Documents Act. The trial judge agreed and acquitted Chehil on the charge while ruling that Chehil’s charter rights were breached when WestJet workers allowed the RCMP to check his electronic ticket information.

The Crown appealed and a hearing was held Sept. 21, with the Canadian Civil Liberties Association having intervener status. The appeal court found that Chehil's rights were not violated and that the judge erred in concluding that the RCMP's viewing of the WestJet information violated Mr. Chehil's charter right.

On Nov. 16, 2005, two members of the RCMP's Operation Jetway asked WestJet administrative staff for permission to view the passenger list at the airport for the flight Chehil was traveling in. The officers were looking for people who were travelling alone, had bought a one-way ticket with cash shortly before departure and had only checked one bag. Chehil was identified as the last passenger to get a ticket for the flight, and WestJet provided them with his baggage ticket number. Chehil's bag was put in a secure area along with nine others and a sniffer-dog found drugs only in Chehil's bag.

A date for Chehil’s second trial has yet to be set.