'Reckless' RCMP conduct led to drug-charge acquittal, judge says
CBC
It was a traffic stop that ended in the seizure of meth, fentanyl and cocaine.
But a woman from Williams Lake, B.C., was acquitted of consequent trafficking charges after a judge ordered the evidence to be excluded from her trial, citing several breaches of her Charter rights related to a search of her vehicle and failure to get her timely access to a lawyer.
"After consideration of the reckless and cavalier conduct of police and the multiple breaches of the Charter, I am of the view that the admission into trial of the evidence obtained as a result of these breaches would bring the administration of justice into disrepute," wrote B.C. Supreme Court Justice Marguerite Church in a decision made public this week.
The lawyer for Janine Alphonse, who was facing three counts of possession of controlled substances for the purposes of trafficking, told CBC News on Thursday his client is relieved about the decision.
"She definitely felt vindicated," Daniel McNamee said.
Church handed down her decision in the fall, but it was only made public Tuesday.
The case dates back to fall 2021, when police conducted a traffic stop and a search of Alphonse's vehicle in Williams Lake, a city in B.C.'s central Interior.
The year prior, Alphonse had been sentenced to two years' probation, including a six month-curfew, in relation to a cocaine-trafficking operation that saw a B.C.-wide warrant issued for her and several other suspects.
In October 2021, an RCMP constable who recognized Alphonse from previous interactions and identified her as a "prolific offender," saw a "prohibited driver operating her distinctive‑looking truck," Church said, citing testimony from the constable at a hearing last July to determine whether the evidence against Alphonse was admissible.
Officers came up with a plan to observe the vehicle and to "perform a traffic stop in the hopes of apprehending the prohibited driver," wrote Church.
They monitored the vehicle for about an hour at two residences before pulling it over, the judge said.
Alphonse had been driving to the hospital to get medical treatment, court heard.
After checking Alphonse's identification, an officer determined she was in violation of her curfew and arrested her for that offence, along with the passenger, Church said.
The constable, who wasn't the arresting officer, then saw a purse in the truck that he believed belonged to Alphonse. He agreed in the hearing that Alphonse didn't ask him to get the purse but said he wanted Alphonse to have it with her in the hospital, according to the court judgment.
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