Mon. Feb 26th, 2024

Operation Nandou: a victory for the police officers

Open in full screen mode

The 31 alleged drug traffickers arrested in 2016 will have to undergo a new trial.

  • Jonathan Roberge (View profile)Jonathan Roberge

Speech synthesis, based on artificial intelligence, makes it possible to generate a spoken text from a written text.

The legal battle has lasted for almost eight years now. The Supreme Court of Canada orders a new trial for 31 people initially charged in connection with the production and trafficking of drugs, but who had obtained a stay of proceedings.

In March 2016, the police dismantled a cannabis production and distribution network which operated mainly in Mauricie, but also in other regions of Quebec.

These alleged traffickers were divided into four distinct groups for separate trials. The first group quickly filed a motion asking the judge to issue a stay of proceedings. The defendants argued that the officers failed to respect their constitutional rights.

They alleged in particular that the police officers had used excessive force during the searches, but above all, that they had not put anything into place in order to offer them immediate access to the assistance of a lawyer.

One ​​of them was able to obtain legal advice immediately while in the police vehicle, the others had to wait until be taken to a room in the police station provided for this purpose.

The trial judge ruled in favor of the accused and ordered a stay of proceedings. The other groups of defendants then filed a similar motion. For various reasons, the judge once again concluded that there was an abuse of procedure.

The Director of Criminal and Penal Prosecutions (DPCP) brought the case on appeal and the court concluded that the judge had indeed erred. He should not have declared a stay of proceedings for all the accused, but rather assessed whether or not the rights of each person had been violated.

LoadingNorthvolt can continue its work, the Superior Court rules

ELSEWHERE ON INFO: Northvolt can continue its work, the Superior Court rules

The defendants' lawyers then took the case to the highest court in the country.

The time elapsed between the arrest and the moment when the opportunity to communicate with a lawyer was offered varied, depending on the case, from 23 minutes to 1 hour 6 minutes, and the impact of police practice on the The fairness of the trial is, at best, uncertain, said Judge Michelle O'Bonsawin in a decision rendered Friday morning.

Open in full screen mode

In March 2016, the police dismantled a cannabis production and distribution network which operated mainly in Mauricie, but also in other regions of Quebec. (Archive photo)

The Supreme Court orders a new trial for the first group of accused and also orders a new hearing of the request of the other groups which requested a stay of proceedings.

I believe that the Superior Court also erred in ordering a stay of proceedings against all the appellant parties without having first considered less draconian remedies which could have completely corrected the attack on the integrity of the justice system that she thought she had identified. These errors justify the holding of new trials, including new hearings of the appellants' motion to stay the proceedings and exclude the evidence, she indicates.

Clearly, the legal process will be restarted almost from the beginning.

A contrary decision would have had serious consequences for the work of the police. During previous legal proceedings, they explained that they had not allowed the accused to contact their lawyer confidentially from their home, firstly for security reasons and also to avoid possible destruction of evidence.

Police officers are not legally required to provide their own cell phone to a detained person.

A setback for the police would have meant that the various police forces would have had to put in place new ways of proceeding, rather than waiting to be at the police station, to allow defendants to discuss with their lawyer.

  • Jonathan Roberge (View profile )Jonathan RobergeFollow

By admin

Related Post