Top court allows use of illegally obtained evidence in some cases

Maybe not so bad an idea?

$4.6M coke seizure evidence dismissed over illegal search
Last Updated: Friday, July 17, 2009 | 12:54 PM ET Comments14Recommend41The Canadian Press
The Supreme Court of Canada has thrown out evidence of cocaine worth up to $4.6 million because the police search that uncovered it "flagrantly" breached a suspect's constitutional rights.

The court ruled 6-1 Friday to acquit Bradley Harrison of all drug charges.

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

The rulings underscore that any breach of the Charter of Rights and Freedoms in search-and-seizure matters must be balanced against the value of the evidence and the facts of each case.

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 court said.

The officer then went on to search their vehicle and found 35 kilograms of cocaine with a street value of between $2.5 million and $4.6 million.

This was the one where everyone got into a huge pissing match

over the guys in the truck and the cop couldnt even bull shit a simple
reason to pull them over ?

That sounds like the same one in the original story.

hmm, now just gotta find the thread, would like to re read that
in lieu of the decision

The Globe and Mail has a good, lengthy write up on the individual decisions.

http://www.theglobeandmail.com/news/nat ... le1222134/

And yes, the coke one was discussed here. I'm glad it was dismissed, I was worried about the message it would send if it was upheld. But, I also saw Dayseed's point on it.

current-events-f59/charter-challenge-civil-liberties-vs-justice-t72129.html


thanks