DR was a contractor who would buy tools from other people on Facebook Marketplace. On the date of the arrest, he attended a parking lot at nighttime for the purpose of buying tools from someone he met online. While in the parking lot, an officer showed up with an unmarked police car. For unknown reasons, the officer decided to block in the seller’s and DR’s car by ramming into the two vehicles. The impact caused substantial damage to DR’s car.
After the collision, the police arrested DR and then asked him what he was doing in the parking lot. DR told the officer that he was buying tools. The officer then advised DR that he was arrested for stolen property, contrary to s.354(1) of the Criminal Code, and trafficking property obtained in crime, contrary to s.355.2 of the Criminal Code, without any evidence to suggest the tools were stolen.
DR told the police that he wanted to talk to a lawyer. However, the police did not put DR on the phone with any lawyer until two hours later.
Jake reviewed the police in-car camera and security footage capturing the parking lot. Jake then advised the Crown and the Judge that the officer made the arrest without reasonable grounds to believe any crime had taken place. Further, the police used excessive force during the arrest. Lastly, the police did not implement DR’s rights to counsel within reasonable time.
The Crown agreed to withdraw all charges.