DETENTION AND SEARCH VIOLATES RIGHTS, EVIDENCE

In this case, Durham Region police officers arbitrarily detained a young black man in his vehicle in order to conduct a search of him and the contents of the car.

The officers claimed that the accused resembled someone who they knew to be a drug dealer. A short series of questions in cross-examination by defence counsel quickly revealed that the officers clearly knew this individual wasn't the person they were looking for.

These officers blatantly carried out an arbitrary detention and search of the man's vehicle notwithstanding the fact that they had no legal authority to do so.

The question for the Court to determine in this case was whether or not the detention and search violated the Accused person's Charter rights. Counsel's entire cross examination lasted less than five minutes and after he was finished, the Crown immediately asked the Judge to dismiss the case against the Accused.