(613) 371-3884
2023 ONCJ [Unreported]
A vehicle driven by an unknown occupant was seen by the police travelling at over 150 km/h. They attempted to conduct a traffic stop, but the driver evaded them. Over an hour later the police received a tip from a member of the public about the possibility of that car being parked on a private residence. The police conducted a search of the outside property, then inside the residence - all without a warrant. Fentanyl, cocaine, and firearms were alleged to have been found in the residence. Defence counsel cross-examined the police witnesses at a preliminary inquiry, where the Provincial Court Judge expressed concerns about the police actions. 19-days of trial were set. Defence counsel filed extensive written materials meticulously detailing how the police breached sections 8, 9, 10(a) and 10(b) of the Charter of Rights and Freedoms with respect to the house occupants. The Crown Attorney’s prosecuting the case withdrew all charges after reviewing the materials filed by Mr. Coulter. Mr. MM was spared 6- to 8- years of custody in a Federal penitentiary.