Failing to remain at an accident and possession of cannabis
A police officer stopped our client’s vehicle at the roadside on suspicion that he had been involved in a hit-and-run incident. During this traffic stop, the officer decided to arrest our client. The officer told out client that he was going to search the vehicle, he asked our client questions, our client cooperated and answered the officer’s questions, and the officer found cannabis marijuana inside the vehicle. The police charged our client with failing to remain at the scene of an accident and possession of cannabis.
In the lead-up to the trial, defence counsel made two complaints about our client’s case. First, defence counsel submitted an application under the Canadian Charter of Rights and Freedoms, arguing that the evidence should be excluded from the trial because the police officer violated our client’s rights against unreasonable search and seizure and right to consult counsel. Second, defence counsel argued that the prosecution had failed to provide necessary “disclosure” – disciplinary reports on police officers, police officer notes, criminal records for witnesses – and that this would impair our client’s right to a fair trial.
RESULT: The charges against our client were withdrawn before the trial started.