Pubdate: Thu, 30 May 2013
Source: Mission City Record (CN BC)
Copyright: 2013 The Mission City Record
Contact:  http://www.missioncityrecord.com/
Details: http://www.mapinc.org/media/1305
Author: Vikki Hopes
Bookmark: http://mapinc.org/people/Tim+Felger

FELGER'S CHARTER RIGHTS BREACHED BY POLICE: JUDGE

Pot activist Tim Felger's charter rights were breached, but he is 
still going on trial for drug charges in Mission, a B.C. Supreme 
Court judge ruled Tuesday in Chilliwack.

Justice Bill Smart ruled that police breached Felger's rights when an 
undercover officer entered his Das Bhang store/office in Mission in 
2011, and gathered evidence which was used among details to obtain a 
search warrant.

The results of the search, in part, led to Felger's arrest and 
subsequent charges in March 2011.

Felger had posted a sign outside his store, indicating that no police 
or RCMP members, or other government agents, were allowed on the 
premises without a warrant.

Smart ruled that evidence police gathered during those visits - and 
which led partly to their reasons for obtaining a search warrant - 
was obtained in violation of Felger's charter rights and should be 
excluded from the trial.

However, Smart ruled that the search warrant had been lawfully 
obtained because of other information police gathered outside of 
Felger's store - located at Horne Street and North Railway Avenue. 
This evidence was collected during police surveillance and interviews 
with neighbouring businesses.

The ruling means that some of the evidence is still admissible in 
court, resulting in Felger's trial proceeding.

Jury selection is set to begin next Monday, with the trial slated for June 17.

The Crown lawyer indicated that he will be adapting the charges to 
reflect the judge's ruling on the inadmissibility of some of the evidence.

Felger was initially charged with two counts of trafficking and two 
counts of possession for the purpose of trafficking.

Speaking outside of court, Felger said he expected the judge to agree 
that his rights had been breached.

"It's really basic. The police need a warrant to enter my property, 
period. No discussion anymore. If they don't have a warrant, they're 
entering as trespassers," he said.

However, he said he was disappointed with the second half of the decision.

"I think that the judge made his decision to proceed to trial on very 
flimsy evidence."

Felger went to court last December on 2009 drug charges related to 
his former Da Kine store on Essendene Avenue in Abbotsford.

He was acquitted of all seven charges, after the judge ruled that all 
evidence collected by police following a search warrant at that 
location was inadmissible. Similar to the Mission case, Felger has 
posted a sign outside the premises, indicating that police were not 
allowed without a warrant.

Crown lawyers are appealing that decision, but a court date has not 
yet been set.
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MAP posted-by: Jay Bergstrom