Pubdate: Wed, 09 Nov 2016
Source: Winnipeg Sun (CN MB)
Copyright: 2016 Canoe Limited Partnership
Contact: http://www.winnipegsun.com/letter-to-editor
Website: http://www.winnipegsun.com/
Details: http://www.mapinc.org/media/503
Author: Dean Pritchard
Page: 8

SLAP ON THE WRIST

Trafficking teen gets off with reprimand

A Winnipeg teen convicted of possession of marijuana for the purpose
of trafficking got off with a reprimand - the lightest sanction
available under the Youth Criminal Justice Act - after a judge ruled
police violated his rights after his arrest.

Police arrested the then 17-year-old accused after a safety and
security officer at his high school reported suspicions he had been
selling marijuana to other students from his car. Police conducted a
traffic stop and found 36 grams of packaged marijuana in a gym bag
behind the driver seat.

Judge Ken Champagne said the arresting officer and a processing
officer who dealt with the teen at the police station both acted
professionally. It was only when a third individual demanded that the
teen, turn over his cell phone for analysis that his rights were violated.

"In my view, that was a very, very serious breach of his rights,"
Champagne said, noting as a result he excluded all evidence arising
from the cell phone at trial.

"In my view, a message must be sent to police that type of behaviour
is completely inappropriate and unacceptable and that there will be
consequences," Champagne said. The seizure of the phone "was a very
deliberate breach of the right to counsel and right to remain silent."

Champagne said the now 19-year-old man offered "forthright" testimony
at trial acknowledging his actions and has since made solid strides
toward changing his life.

"Specific deterrence isn't a concern at all," Champagne said.
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MAP posted-by: Matt