R. v. A.P.

(Moose Jaw, QB). Client charged with Possession for the Purpose of Trafficking in Moose Jaw, Saskatchewan.  His charges arose after he was stopped while travelling on the highway between Calgary and Moose Jaw.  Calgary drug lawyer, David Chow, filed a Charter Notice asserting a lack of reasonable and probable grounds and problems with the Confidential Source ("C.I.") information.  The Justice of the Court of Queen's Bench determined a breach of the Accused's Charter rights occurred and excluded the evidence all evidence pursuant to section 24(2) of the Charter.  A substantial amount of cocaine was excluded from evidence and as a result, the accused was found "not guilty". Defending a drug case requires an experienced drug lawyer, capable of evaluating and litigating all avenues of defence. Drug cases often involve an interplay between Charter issues and substantive issues, such as identification and possession. In this case, the grounds for arresting AP were thin. The Canadian Charter of Rights and Freedoms is a purposive law, designed to constrain police action, not to authorize. It is often difficult for Courts to harden themselves against result orientated reasoning flowing from ex post facto justifications.  AP was fortunate to have his case adjudicated on by a judge who fully appreciated the necessity for protecting Charter protected interests.