A former Windsor Spitfire has launched constitutional challenges against a criminal charge he is facing.
Ben Johnson is accused of sexually assaulting a teenage girl at a downtown nightclub in 2013.
His defence lawyer, Pat Ducharme, argues Johnson's human rights were violated after his arrest.
In 2013, Johnson faced a sexual assault charge for an incident at the Krooked Kilt. Last year, he was acquitted of that charge.
This charge of sexual assault involves an incident at the former Mynt Nightclub.
A charge, Ducharme claims is unwarranted as Johnson appeared in superior court today, after facing a charge of allegedly sexually assaulting a 16-year old girl in the bathroom of Mynt Nightclub in 2013.
Ducharme says his client was denied a right to council before he was asked to strip naked and perform a penile swab on himself.
The crown says Johnson was naked for two-minutes. His clothes were taken as evidence.
The crown told Judge Kirk Munroe, no police officer made contact with the accused's genital area.
In the defence lawyer's submissions, Ducharme told the judge Johnson requested to call his former coach of the Windsor Spitfires prior to the search.
He says Johnson was denied the request.
Ducharme cited several other court cases where the court found a detainee must be allowed to speak to a lawyer before a 'swab' is taken.
Ducharme also argues the penile swab was an illegal search.
He says officers failed to consider a warrant.
He states "there was no legal justification to search without a warrant."
Ducharme said the act of his client having to strip naked was "humiliating" -- and "the penis is the most private of places."
When the judge asked Ducharme if the trial should be delayed, the defence lawyer's response:
"There's a danger with proceeding with the case," said Ducharme.
Judgement on today's argument is expected to be delivered in writing to both lawyers on June 15 - that's five days before Johnson's trail is scheduled to begin.
