http://www.thestar.com/news/canada/2013/07/15/illegal_searches_by_peel_police_allow_alleged_gun_offenders_to_walk_free.html
Judges in Peel Region have let at least eight alleged gun offenders walk free after finding police made illegal searches and, in some cases, misled the court to cover up the misconduct.
A “disturbing pattern,” Justice Bruce Durno recently called it before tossing the case against Jahmarr Sterling-Debney, who was found with a .22-calibre pistol and faced a minimum of three years in prison if convicted.
The judge said Peel officers Stephen Porciello and Michael Bishop broke the law by arbitrarily detaining, searching and arresting the suspect on Derry Road in Mississauga, and then attempted to mislead the court about how they seized the man’s gun.
“The public has an interest in having these serious charges prosecuted to a verdict,” Justice Durno said but added the officer’s behaviour was the more serious threat to the reputation of the justice system. “It is essential that the court (dissociate) itself from the police misconduct at the roadside and in court.”
Durno’s ruling is yet another message from Ontario courts that police misconduct undermines public trust in the justice system and must be condemned.
The articles, which also found Ontario had no formal method of reporting such incidents, prompted the attorney general to make a new policy requiring prosecutors in the province to do just that.
In Peel Region, though, the problem continues.
The Star found five recent cases where judges said Peel officers illegally searched suspects’ cars and uncovered guns. Eight accused gun offenders were acquitted as a result.
Twenty-seven years ago I was acquitted on charges of possession of a controlled substance, after Peel Regional police officers on a fishing expedition arrested me and searched my car without a warrant or reasonable grounds, and then lied about it under oath.
I see they didn't learn anything from that one.
The more that things change, the more they stay the same...
