Charter rights and court cases
Posted in Politics on July 31st, 2011 by Sacha PeterI really enjoy reading court case verdicts. The level of analysis that goes into case law is something that makes for very interesting reading. Whether it is about the motor vehicle act, criminal cases, civil cases, etc., it is always a fascinating insight on how our judicial system works (and indeed, the judiciary is the most functional branch of the three in government).
A headline is making the news – B.C. judge tosses ecstasy case for rights violations (CBC, CTV, National Post). I spent about 90 minutes reading the case (R. v. Ho, Hou, Huang, Li and Zhou) from end to end – and this should be read before any media summaries.
Essentially the Richmond RCMP that were conducting a 14 month investigation on an ecstasy production/distribution scheme by a bunch of mainland Chinese immigrants badly bungled the search warrant operation on the suspects. The method the RCMP obtained the warrant was flawed (violated the Criminal Code) and the execution of the warrant was flawed (violated the Charter).
It is pretty clear, however, that these people were completely responsible for the manufacturing and distribution of ecstasy, but the RCMP will not have any evidence from this search warrant, which will make prosecution of these individuals much more difficult.
I completely agree with the line of thinking by the justice (P.R. Meyers). The only line of defense people have against improper police action are through the courts. A violation of rules concerning unreasonable search or seizure must not be rewarded, otherwise it will yield further erosion of our fundamental rights.