Conviction appeal on drug charges. Vehicle stop after accused failed to pass an emergency vehicle safely. Accused presented as nervous. Police computer check revealed that accused’s name was “listed in regards to drug activity in Saskatoon”. Additional details not provided. Trial judge found that reasonable grounds existed.
Held: Appeal allowed, acquitted.
No evidence regarding how the accused was allegedly involved in “drug activity”, or who placed that entry into the police system. “Relying on internal information systems may supply the type of hearsay statement that could go [to the police] subjective belief, but more is needed when assessing the objective reasonableness of that belief … The notion that people may be arrested because their names are mentioned on an undisclosed information system would be a startling development indeed”.
C. Lavier – Defence Counsel