Judge rules local OPP ignore rights
Posted: Fri Jun 06, 2014 5:29 am
BRACEBRIDGE - A Toronto lawyer suggests that unlawful police searches are the norm in south Muskoka. Police, however, say a judge’s recent criticism refers to an isolated incident.
Earlier this year, attorney John Fitzmaurice was involved in a case before Justice J.C. Crawford in Bracebridge court where the judge excluded the evidence against his client because members of the Bracebridge OPP had obtained it through the warrantless search of a private property.
In that situation, the investigating officers drove their vehicle on a private driveway without a warrant or the property owner’s permission in order to take photos of marijuana plants located at the back of a neighbouring property.
According to the transcript of the ruling, Justice Crawford concluded the officer believed it was acceptable police practice to go onto private property in order to conduct a police search without first obtaining a warrant and that it was common practice by local officers to do so.
“The evidence of Det. Const. Randy Graham indicates an apparent blind spot in the police understanding of their right to enter property without consent, and without an authorizing reason such as an emergent situation or an implied licence,” Crawford said in court on Feb. 14. “There is a need for the court to disassociate itself from apparent common police practices which treat private-property rights in quite a loose fashion.”
According to Fitzmaurice, there was no effort made by the Crown to dispute Crawford’s finding that the local police force commonly enters property unlawfully.
“Often we hear that a particular officer isn’t familiar with their rights, but this is the first time in my 30 years (as a lawyer) that I have come across an officer saying not only is he doing it but so are his co-workers,” Fitzmaurice said in a phone interview from Toronto on Tuesday. “Is it some kind of constitutional free zone up there?”
As per the Canadian Charter of Rights and Freedoms, “Everyone has the right to be secure against unreasonable search or seizure.”
Fitzmaurice said he hopes bringing the judge’s findings forward will help push for the practices of local police to be remedied.
Bracebridge OPP detachment commander Insp. Ed Medved said there is nothing to remedy.
“We’re not in the business of trampling over people’s Charter Rights,” he said in an interview Tuesday. “I know officer Graham to be highly competent and capable. This investigation was very fluid and unfolding quickly. The officers were acting in good faith.”
According to Medved, Graham’s statement that local officers often enter private property in this fashion is valid.
“He’s not incorrect in saying so. It is one of many investigative techniques used by police,” said Medved. “The assumption is that it’s not in relation to any particular target.”
Medved said the investigation being scrutinized is an isolated incident.
“I’m not aware of any trends,” he said. “This is one case of thousands that come through the doors at Dominion Street. The system has spoken and it is what it is.”
According to Medved if there were a trend he should be concerned with, the Crown would have contacted him.
“They are interested, as are we, in the administration of justice. If there was something amiss, they would be bringing it to my attention,” he said.
Fitzmaurice said he is confused by Medved’s comments.
“All due respect to the inspector, he’s saying exactly what you might expect,” said Fitzmaurice.
“But the judge didn’t find that this was an isolated incident. I have to think the inspector is not quite aware of what is going on,” he added.
http://www.muskokaregion.com/news-story ... re-rights/
http://www.durhamregion.com/news-story/ ... re-rights/
http://www.northumberlandnews.com/news- ... re-rights/
Earlier this year, attorney John Fitzmaurice was involved in a case before Justice J.C. Crawford in Bracebridge court where the judge excluded the evidence against his client because members of the Bracebridge OPP had obtained it through the warrantless search of a private property.
In that situation, the investigating officers drove their vehicle on a private driveway without a warrant or the property owner’s permission in order to take photos of marijuana plants located at the back of a neighbouring property.
According to the transcript of the ruling, Justice Crawford concluded the officer believed it was acceptable police practice to go onto private property in order to conduct a police search without first obtaining a warrant and that it was common practice by local officers to do so.
“The evidence of Det. Const. Randy Graham indicates an apparent blind spot in the police understanding of their right to enter property without consent, and without an authorizing reason such as an emergent situation or an implied licence,” Crawford said in court on Feb. 14. “There is a need for the court to disassociate itself from apparent common police practices which treat private-property rights in quite a loose fashion.”
According to Fitzmaurice, there was no effort made by the Crown to dispute Crawford’s finding that the local police force commonly enters property unlawfully.
“Often we hear that a particular officer isn’t familiar with their rights, but this is the first time in my 30 years (as a lawyer) that I have come across an officer saying not only is he doing it but so are his co-workers,” Fitzmaurice said in a phone interview from Toronto on Tuesday. “Is it some kind of constitutional free zone up there?”
As per the Canadian Charter of Rights and Freedoms, “Everyone has the right to be secure against unreasonable search or seizure.”
Fitzmaurice said he hopes bringing the judge’s findings forward will help push for the practices of local police to be remedied.
Bracebridge OPP detachment commander Insp. Ed Medved said there is nothing to remedy.
“We’re not in the business of trampling over people’s Charter Rights,” he said in an interview Tuesday. “I know officer Graham to be highly competent and capable. This investigation was very fluid and unfolding quickly. The officers were acting in good faith.”
According to Medved, Graham’s statement that local officers often enter private property in this fashion is valid.
“He’s not incorrect in saying so. It is one of many investigative techniques used by police,” said Medved. “The assumption is that it’s not in relation to any particular target.”
Medved said the investigation being scrutinized is an isolated incident.
“I’m not aware of any trends,” he said. “This is one case of thousands that come through the doors at Dominion Street. The system has spoken and it is what it is.”
According to Medved if there were a trend he should be concerned with, the Crown would have contacted him.
“They are interested, as are we, in the administration of justice. If there was something amiss, they would be bringing it to my attention,” he said.
Fitzmaurice said he is confused by Medved’s comments.
“All due respect to the inspector, he’s saying exactly what you might expect,” said Fitzmaurice.
“But the judge didn’t find that this was an isolated incident. I have to think the inspector is not quite aware of what is going on,” he added.
http://www.muskokaregion.com/news-story ... re-rights/
http://www.durhamregion.com/news-story/ ... re-rights/
http://www.northumberlandnews.com/news- ... re-rights/