Pubdate: Tue, 07 Feb 2012
Source: Regina Leader-Post (CN SN)
Copyright: 2012 The Leader-Post Ltd.
Contact: http://www.leaderpost.com/opinion/letters/letters-to-the-editor.html
Website: http://www.leaderpost.com/
Details: http://www.mapinc.org/media/361
Author: Barb Pacholik

NO POLICE ENTRAPMENT IN DRUG CASE

The Saskatchewan Court of Appeal says an Estevan area man, who had a 
licence to grow and use marijuana, was not a victim of police entrapment.

Allowing a Crown appeal, the province's top court directed that Darcy 
Germain, 43, be convicted of two counts of trafficking and sent him 
back to the lower court for sentencing.

Germain was one of 28 people charged in December 2009 as part of a 
lengthy investigation targeting drug trafficking in Estevan and area. 
But unlike most of those accused, Germain had a medical licence 
allowing him to produce and use pot for his chronic pain. Acting on 
an anonymous tip that Germain was selling his homegrown pot out of 
his Alida home, two undercover operators showed up one day in 
November 2009 and made a buy after requesting some "green."

However, Germain was acquitted in April when a trial judge found 
police had entrapped the accused, drawing him into committing the offence.

The appeal court disagreed, finding Provincial Court Judge Jeff 
Kalmakoff had erred. Justice Stuart Cameron said RCMP had sufficient 
information to "have reasonable cause to suspect" Germain was 
implicated in criminal activity. Police knew he had a licence to grow 
marijuana; officers had twice received information he was selling 
drugs; and he had an old conviction for drug possession. Armed with 
that information, police were right to have their suspicions, the 
court found in a ruling made unanimous by Justices Gene Anne Smith 
and Neal Caldwell.

Carnduff RCMP were first tipped off in May 2009 by someone who 
alleged Germain was selling drugs to youth. Similar information, 
likely from the same tipster, came to a second officer. Several 
months passed before the buys were made on Nov. 19 for two, 11-gram 
bags of pot at $80 each.

Defence lawyer Michael Weger took issue with that delay and the 
strength of the information. "Not only was the tip anonymous, it was 
very vague ... Essentially it was more passing on a rumour," he 
argued. The tips were insufficient to reasonably suspect Germain was 
engaged in illegal activity, he said. Police knew he had a licence 
for marijuana -- and that could have explained why he was seen with 
bags of pot, Weger told the court.

"There was no corroboration of the actual selling," he added.

Weger said Germain, a pot user, was put in a situation where a person 
dressed as a carpenter showed up and induced him to make a sale. "We 
need to protect the unwary innocent," Weger argued.

But Crown prosecutor Doug Curliss said police weren't randomly 
knocking on doors looking for anyone to sell drugs. Rather, they had 
two tips that Germain was willing to sell to those who showed up at his house.

"Simply because the tip is anonymous ... does not make it one that 
can't support reasonable suspicion," Curliss argued.

"It was sufficient information to warrant the police providing the 
accused an opportunity (to sell)," he told the court.
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