Great Big Stupid Charter Shut up Shut up Shut up

Unforgiven

Force majeure
May 28, 2007
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THE CANADIAN PRESS


OTTAWA – Canada's top court has thrown out evidence of cocaine worth up to $4 million because the police search "flagrantly" breached the suspect's Charter rights.

The Supreme Court of Canada ruled 6-1 Friday to acquit Bradley Harrison of all drug charges.

It was one of four judgments handed down that clarify legal limits for judges and police when it comes to evidence obtained through detention or searches that cross the Charter line.

The rulings underscore that any breach of rights must be balanced against the value of the evidence and the facts of each case.

The court says Harrison and a friend were stopped in northern Ontario in 2004 by a provincial police officer who had no justifiable reason for pulling them over.
The officer then went on to search the vehicle and found 35 kilograms of cocaine with a street value of up to $4 million.

Harrison was originally sentenced to five years in prison.
+++++++

Sloppy job by the police and the Crown. Wonder how much that cost?
 

Niflmir

A modern nomad
Dec 18, 2006
3,460
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Leiden, the Netherlands
Must have been pretty serious. I have read numerous cases where the officers searched without permission and the evidence was not thrown out. We do not live in a police state, thankfully.
 

taxslave

Hall of Fame Member
Nov 25, 2008
36,362
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Vancouver Island
Stupid judges. If the cops found illegal substances that should be good enough. If not then perhaps there would be a case for police harassment. Criminals have far too many rights in this country.
 

Ron in Regina

"Voice of the West" Party
Apr 9, 2008
22,827
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Regina, Saskatchewan
That's one of the four cases looked at. In others, evidence gathered
in illegal searches was allowed due to the nature or severity of the
crime.

In one case in Ontario, evidence was allowed in against a guy who
was stopped because he "wasn't" speeding when everyone else
was...making him look suspicious.

Here's a Link: Police conduct during arrests to face more scrutiny after top court rulings
 

Walter

Hall of Fame Member
Jan 28, 2007
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Is there a link to the dissenting opinion, and who is the dissenting judge?
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
547
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Vernon, B.C.
THE CANADIAN PRESS


OTTAWA – Canada's top court has thrown out evidence of cocaine worth up to $4 million because the police search "flagrantly" breached the suspect's Charter rights.

The Supreme Court of Canada ruled 6-1 Friday to acquit Bradley Harrison of all drug charges.

It was one of four judgments handed down that clarify legal limits for judges and police when it comes to evidence obtained through detention or searches that cross the Charter line.

The rulings underscore that any breach of rights must be balanced against the value of the evidence and the facts of each case.

The court says Harrison and a friend were stopped in northern Ontario in 2004 by a provincial police officer who had no justifiable reason for pulling them over.
The officer then went on to search the vehicle and found 35 kilograms of cocaine with a street value of up to $4 million.

Harrison was originally sentenced to five years in prison.
+++++++

Sloppy job by the police and the Crown. Wonder how much that cost?

Isn't suspicion a good reason for detaining someone for investigation. Trudeau should have had that God damned charter rammed where the sun doesn't shine, it protects the wrong people at a big cost to the honest taxpayer.
 

Niflmir

A modern nomad
Dec 18, 2006
3,460
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Leiden, the Netherlands
Isn't suspicion a good reason for detaining someone for investigation. Trudeau should have had that God damned charter rammed where the sun doesn't shine, it protects the wrong people at a big cost to the honest taxpayer.

No, suspicion is a BS reason.

"Why'd you punch me officer?"

"Your were acting suspicious, so I thought I would punch you to get you to fess up."

It sounds exagerrated to you, but perfectly normal to people in less "criminal protecting" nations.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
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Vernon, B.C.
No, suspicion is a BS reason.

"Why'd you punch me officer?"

"Your were acting suspicious, so I thought I would punch you to get you to fess up."

It sounds exagerrated to you, but perfectly normal to people in less "criminal protecting" nations.
jj

In order to have a sensible debate the debaters have to sensible people. We're talking here about reason to investigate in a lawful, reasonable manner, which doesn't include assault. Like including things like requesting documentation and perhaps doing searches with a warrant, not thuggery. We are talking about Canada and the U.S. not the most primitive part of Zimbabwe.
 

Niflmir

A modern nomad
Dec 18, 2006
3,460
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Leiden, the Netherlands
jj

In order to have a sensible debate the debaters have to sensible people. We're talking here about reason to investigate in a lawful, reasonable manner, which doesn't include assault. Like including things like requesting documentation and perhaps doing searches with a warrant, not thuggery. We are talking about Canada and the U.S. not the most primitive part of Zimbabwe.

Yes, and their investigation was not lawful. So what exactly is your point? That these police officers should be shipped to Zimbabwe?
 

ironsides

Executive Branch Member
Feb 13, 2009
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United States
Isn't suspicion a good reason for detaining someone for investigation. Trudeau should have had that God damned charter rammed where the sun doesn't shine, it protects the wrong people at a big cost to the honest taxpayer.

It has happened a few times in the U.S. also, police forget to follow procedure. We also have things like "Miranda Rights", and the ACLU. A police officer must have probable cause that a crime has been committed in ALL states in order to stop someone. The loop hole in this is, for example the police see something illegal in your vehicle by accident that is visible thru the window (They got ya).other than that, they cannot do a random search because they want to.
Does make you mad when someone gets off scot-free for something like that though.
 

Niflmir

A modern nomad
Dec 18, 2006
3,460
58
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Leiden, the Netherlands
It has happened a few times in the U.S. also, police forget to follow procedure. We also have things like "Miranda Rights", and the ACLU. A police officer must have probable cause that a crime has been committed in ALL states in order to stop someone. The loop hole in this is, for example the police see something illegal in your vehicle by accident that is visible thru the window (They got ya).other than that, they cannot do a random search because they want to.
Does make you mad when someone gets off scot-free for something like that though.

In Canada, even if the police violate somebody's rights the judges may allow the evidence if the violation is slight and the crime is great. Clearly, it is a slippery slope, but we seem to manage ok, knee jerking notwithstanding.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
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Vernon, B.C.
Yes, and their investigation was not lawful. So what exactly is your point? That these police officers should be shipped to Zimbabwe?


35 kilos of cocaine in their possession, I don't feel sorry for the guy. If justice were correctly served the trafficker would be doing 10 years at hard labour and the cop would have had a letter placed on his file requesting in future he stick to proper procedure. That's how that should have gone down.
 

Niflmir

A modern nomad
Dec 18, 2006
3,460
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Leiden, the Netherlands
35 kilos of cocaine in their possession, I don't feel sorry for the guy. If justice were correctly served the trafficker would be doing 10 years at hard labour and the cop would have had a letter placed on his file requesting in future he stick to proper procedure. That's how that should have gone down.

Go to Uzbekistan then. That's how it goes down there. Breaking the law is not an acceptable investigative practice in Canada.
 

JLM

Hall of Fame Member
Nov 27, 2008
75,301
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Vernon, B.C.
The rules of law, that both the general public and law enforcement are
suppose to follow, are what keep Canada & the USA from being
Zimbabwe.

Unfortunately there's a few bad cops in every jurisdiction. In Vancouver today a cop is getting his comeuppance- several months ago he and another off duty cop, while sh*t faced assaulted an East Indian newspaper delivery man. The crown wants 4-6 months in the slammer, the defense wants a conditional discharge.
 
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ironsides

Executive Branch Member
Feb 13, 2009
8,583
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United States
35 kilos of cocaine in their possession, I don't feel sorry for the guy. If justice were correctly served the trafficker would be doing 10 years at hard labour and the cop would have had a letter placed on his file requesting in future he stick to proper procedure. That's how that should have gone down.


Now that is how it should have gone down. I would have even gone as far as omitting the letter and just telling the officer be more careful the next time.