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Police misconduct reduced sentence for cocaine trafficking offender.
Sentencing for possession of crack cocaine and cocaine for the purpose of trafficking, together with multiple breaches of recognizance and probation.
The offender was arrested outside an Ottawa bar with significant quantities of cocaine and crack cocaine concealed on his person.
Although aggravating factors included a prior criminal record, youth involvement with violent offences, and commission of the offences while on probation and bail, the court treated serious police Charter breaches during the arrest and search as a mitigating factor.
The court imposed a global sentence reflecting denunciation and deterrence but granted substantial credit for police misconduct and pre‑sentence custody.
Accused convicted of drug trafficking despite serious Charter breaches during detention and strip search.
The accused was detained outside a bar after police responded to a report of a firearm.
During a prolonged investigative detention and subsequent searches, including a strip search at the police station where an officer gratuitously stood on his ankles, police found significant quantities of cocaine and crack cocaine.
A handgun was later found nearby.
The court found multiple serious breaches of the accused's ss. 7, 8, and 10 Charter rights.
However, applying the Grant framework, the court declined to exclude the drug evidence under s. 24(2).
The accused was found guilty of possession for the purpose of trafficking and breach of orders, but not guilty of the firearm and proceeds of crime charges due to reasonable doubt.
