Pubdate: Sat, 18 Jul 2009 Source: National Post (Canada) Copyright: 2009 Canwest Publishing Inc. Contact: http://drugsense.org/url/O3vnWIvC Website: http://www.nationalpost.com/ Details: http://www.mapinc.org/media/286 Author: David Akin, Canwest News Service Referenced: The rulings http://scc.lexum.umontreal.ca/en/2009/2009scc32/2009scc32.html http://scc.lexum.umontreal.ca/en/2009/2009scc34/2009scc34.html http://scc.lexum.umontreal.ca/en/2009/2009scc35/2009scc35.html and http://scc.lexum.umontreal.ca/en/2009/2009scc33/2009scc33.html TOP COURT CLARIFIES SEARCH LAW Four Rulings The Supreme Court of Canada, ruling yesterday in a quartet of separate but thematically related cases, acquitted a man of drug-trafficking charges though he was caught with 35 kilograms of cocaine, but upheld a conviction against a man for carrying a concealed, loaded revolver. In all four cases, defence lawyers had argued that police obtained key evidence illegally, in violation of protections spelled out in the Charter of Rights and Freedoms. The Court's rulings more precisely define the balancing act a judge is often called on to make between an accused person's constitutional right to be protected from unreasonable search and seizure against society's need that justice be served. In the judgments, the Court seemed to suggest that judges in the future pay close attention to the conduct of police, condoning a charter violation by police that was "neither deliberate nor egregious" in the firearms case but throwing out the conviction of the drug trafficker after agreeing with a lower court finding that the arresting officer in the case displayed "brazen and flagrant" disregard for the accused person's charter rights. "These are protections that law-abiding Canadians take for granted and courts must play a role in safeguarding them, even when the beneficiaries are involved in unlawful activity," Chief Justice Beverley McLachlin wrote in the judgment that acquitted the drug trafficker. The rulings had been widely anticipated in the legal community. A judge who lets the drug trafficker go free "on a technicality" related to a charter rights violation can get criticized for being "soft on crime." But judges who let police get away with breaking the law when they investigate crimes raises the ire of those trying to protect the civil liberties of all Canadians. "Our worst fear was that the court might respond to fear-mongering that has been aimed at judges who apply the charter in real cases. It didn't," said Frank Addario, a Toronto defence lawyer speaking on behalf of the Criminal Lawyers Association. "While it rewrote the test for excluding evidence, it gave some hope to those who expect the courts to be the guardian of Canadians' constitutional rights." - --- MAP posted-by: Richard Lake