Two friends were walking down the street in Montreal. At the same time, the police were looking for two suspects involved in a street fight. The two friends corresponding to the description of the suspects were arrested and then searched. A large amount of drugs was found on the one who later became the client of our criminal lawyer. He was charged with possession of cannabis and haschich (Section 4(1)(5) of the Controlled Drugs and Substances Act).
After analysing the evidence, Laurent Morin, our lawyer, detected a breach of the defendant’s rights under the Charter of Rights and Freedoms. The police had based their arrest on insufficient grounds, that is a summary description of the persons including race among other things. (Note that the Judge could not conclude there was racial profiling, because the case never went to court.) Our lawyer sent a motion to exclude evidence to the Court in order to invalidate the drug seizure.
A few months later, the Prosecutor contacted Mr Morin to notify him that because of the arguments submitted, he had to drop the charges against our client.
Mr Morin’s clients cannot all be acquitted. See notice.
