Pubdate: Fri, 10 Aug 2012
Source: Nunatsiaq News (CN NU)
Copyright: 2012 Nortext Publishing Corporation
Contact:  http://www.nunatsiaq.com/
Details: http://www.mapinc.org/media/694

NUNAVUT RCMP VIOLATED IQALUIT MAN'S CHARTER RIGHTS: JUDGE

Nearly seven pounds of seized marijuana ruled inadmissible

An Iqaluit man found with nearly seven pounds of marijuana in his
luggage last year will almost certainly not be prosecuted, following a
Nunavut Court of Justice ruling, issued Aug. 8, that found police
violated his Charter right to be free from unreasonable search and
seizure.

Two RCMP members arrested Andrew Alainga at the Iqaluit airport on
March 7, 2011. In a search of his luggage, they found 6.87 pounds of
marijuana and charged him with possession of marijuana for the purpose
of trafficking.

But defence lawyer Christian Lyons asked Justice Sue Cooper to rule
the drug evidence inadmissible, on the grounds that police did not
have reasonable and probable grounds to arrest Alainga and search his
luggage.

To make her decision, Cooper used evidence from an RCMP member who
told court that on March 5, 2011, he received information from a
confidential informant, or "CI," that Alainga was to fly to Ottawa to
pick up marijuana.

The officer said the CI described the accused as "a tall, young male
Inuk with light skin and wearing glasses," Cooper's judgment said.

After checking with the two airlines that operate the Iqaluit-Ottawa
route, the officer learned Alainga had bought a return ticket March 4,
2011 for travel to Ottawa March 5 and back to Iqaluit March 7.

On March 7, the airline told the RCMP member that Alainga had checked
one piece of luggage, which they searched when the young man arrived
later that day in Iqaluit.

But Cooper found the information from the CI lacked many details, such
as the exact time of travel, the quantity of drugs to be transported
and the nature of the transaction in Ottawa.

She also found the RCMP investigator did not offer any evidence on how
the CI acquired the information. She noted the officer, to protect the
informant's identity, did not want to share various pieces of
information from the CI.

And she found the CI's information was not adequately
corroborated.

"The only information that corroborated the information received from
the CI was the fact of the accused travelling to Ottawa and back.
This, standing alone, is not indicative of criminal conduct," Cooper
said.

Because of all this, she said that while the information was enough to
justify an investigation, it was not enough to justify the arrest and
subsequent search.

She said that while travellers expect their luggage can be searched
for the purpose of airline safety, "they do not expect their luggage
to be searched for general criminal investigation purposes in the
absence of reasonable grounds for doing so."

In this case, the Charter violation was serious, Cooper said, because
Alainga was arrested in a public place and detained in police cells.

So even though the drug evidence is "necessary for the Crown's case,"
Cooper ruled it inadmissible.

"I am of the view that the administration of justice would be brought
into disrepute by the admission of the evidence in this matter,"
Cooper said.
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MAP posted-by: Matt