No system to track, train lying police, lawyer says after another scathing decision
In the early hours of a March night in 2023, two Ottawa police officers stumbled upon a red Subaru parked in a shopping plaza at the corner of Merivale and Baseline roads. What they discovered inside the vehicle would set off a chain of events that would ultimately lead to the collapse of a high-profile criminal trial.
As the officers approached the vehicle, they noticed a man asleep in the driver’s seat. Upon further inspection, they found a prohibited Glock handgun with a round in the chamber and an over-capacity magazine attached. In addition to the firearm, the officers also uncovered significant quantities of meth, cocaine, crack, and Oxycodone pills. To make matters worse, the man’s cellphone contained incriminating photos and videos of him posing with multiple handguns, preparing drugs, and flaunting large sums of cash.
Despite the overwhelming evidence against him, the man walked out of the Ottawa Courthouse a free and innocent man after the trial against him collapsed. The reason? The officers had seriously breached his Charter rights. They had detained him under false pretenses, falsified their reports, and continued to lie in court under oath. The judge deemed their actions as “wilful,” “intentional,” and “flagrant,” leading to the exclusion of all evidence found in the Subaru.
Defense lawyer Mark Ertel praised the ruling as “courageous” and emphasized the importance of upholding the rights of all Canadians, regardless of the circumstances. He highlighted the rarity of such a strongly worded decision and the significance of excluding illegal firearm evidence.
This case sheds light on the lack of a system in place to track Charter breaches by officers within the Ottawa Police Service. While the union president acknowledged the need for such a system, he confirmed that currently, there is no mechanism for tracking, re-educating, or disciplining officers involved in Charter breaches.
Moving forward, there is a call for a more structured approach to handling Charter breaches within the police force. This could involve creating a liaison between police and the Crown to relay findings of breach cases, provide additional training for officers, and ensure accountability for repeated violations. By implementing such a system, the integrity of the criminal justice system can be upheld, and officers can learn from their mistakes to prevent future breaches.
