Canada’s top court tossed out a drug conviction linked to the seizure of 35 kilograms of cocaine Friday, saying evidence obtained with “willful and flagrant” disregard for the Charter of Rights and Freedoms can’t be used in trial.
The ruling was one of four handed down by the Supreme Court aimed at clarifying when tainted evidence can be included at trial and when a person is considered detained by police.
While the ruling did turf out the drug conviction, it did allow the submission of evidence in three other cases. The rulings underscore that any breach of rights must be carefully balanced against the value of the evidence and the facts of each case.
In the cocaine trafficking case, Bradley Harrison and a friend were driving a rental sport utility vehicle to Toronto from Vancouver in October 2004 when they were pulled over by an Ontario Provincial Police officer near Kirkland Lake, Ont. The officer thought it was suspicious the SUV was driving at exactly the speed limit and didn’t have a front licence plate.
….crooks rule. Read more HERE.