A Renfrew County judge has thrown out evidence against a young black man facing drug charges because police violated his “right to be left alone.”
Ontario Court Justice Michael March ruled late last year that police had no right to detain and search the young man while they were executing a warrant to arrest another individual.
The young man, who we will call “XY,” is covered by the Youth Criminal Justice Act and cannot be identified.
During the arrest, XY was found to have a “sizable quantity” of illegal drugs on him, including fentanyl and cocaine, as well as $3,800 in cash.
He was later charged with possession of illegal drugs for the purpose of trafficking, possessing the proceeds of crime, and obstruction of a peace officer.
But Justice March found that police violated his rights not to be arbitrarily detained, to be informed promptly of the reasons for his detention, and to “retain and instruct” legal counsel “without delay” as spelled out in Canada’s Charter of Rights and Freedoms…
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