The Queen v. H.(E.) 2017 (Alberta Queen’s Bench)
The client and his girlfriend were pulled over on the Trans Canada Highway near the town of Lake Louise for not having proper mud flaps and having illegal window tints. Soon after the pull over the police officer observed some things that made him suspicious. One thing led to another and eventually the officer had his K9 dog named “Jet” conduct a sniff search of the client’s vehicle. When the dog sat to indicate the odour of drugs the client was arrested and the vehicle was searched. Hidden within a tiny tank in the back of the truck was a wholesale quantity of marihuana. The client and his girlfriend were charged with possession for the purposes of trafficking. After hearing arguments from Mr. van der Walle, the judge agreed that the client had been arbitrarily detained, illegally searched, and unlawfully deprived of his right to speak to a lawyer immediately upon detention. As a result the judge ordered that all the evidence was inadmissible on the basis of the constitutional violations. Not guilty. Client did not testify.
Related Stories
The King v. C.(R.) 2024
The police began investigating the client after a woman reported to them that two men had come to the door looking for her son. The woman explained that the men had told her son that he owed money from a drug debt and that he would be hurt if he did not pay. When...
The King v. T.(R.) 2024
Police were conducting a surveillance operation on the client and many other members of a suspected drug trafficking group in Vernon, Armstrong, and Enderby. The client was well known to police as he had a lengthy criminal record including no less than 7 prior...
The King v. S.(M.) 2024
A semi truck driver was cruising on the highway just outside of Revelstoke when another vehicle pulled out to pass him on a double solid line. While executing the pass, the other vehicle ended up clipping the semi as it tried to pull back into its lane which resulted...
REQUEST A FREE CONSULTATION
Call 1.866.706.8857
Or fill out the form below to receive a free and confidential initial consultation.