How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96414
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

I went to visit a friend, took the two pills I had, in my

Customer Question

I went to visit a friend, took the two pills I had, in my up-to-date bottle, out of my E-Bike and put the bottle in my pocket. When I left my friends place, I returned the bottle with the
two pills back into the storage area on the bike. Got pulled over and immediately was charged with Trafficking in a class 1 substance. The Officer said he saw me pass my friend a baggie. There never was a baggie.
I spent the night in Jail. was refused my medication and went to court the next day. The Crown stood up and immediately said she had a weak case. Duty counsel stood and said NO Case, NO evidence whatsoever. Crown asked for a $ 3000.00 surity and I should live with my surity. I said NO;will go to Jail first.She got her surity but I got to go home. Reported every Monday for 3 weeks and the case was withdrawn. Went to get my personal belongings at the Police station and I was confronted by the Arresting officer
who called me a Liar and was intimidating m,e. He went inside to a different area and I could hear him plainly telling other officers that I was a liar. I asked the Property officer to make a note that the Officer had confronted and harrasses me and the next day, I made a formal written complaint against him. NO Evidence/no Case and Accosted by the arresting officer. Can I sue the Police and the crown for Failing to comply with the actual rules of law and aggressive prosecution?
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

I am so sorry to hear that this happened to you.

Where do you live?

Customer: replied 4 months ago.
Port Elgin, Ontario
Customer: replied 4 months ago.
I am 65 years old and Live on $1100.00 per month
Expert:  Legal Ease replied 4 months ago.

Was this the OPP?

Customer: replied 4 months ago.
No, local police and this area now, is called Saugeen Shores amalgamating Southhampton and Port elgin
Expert:  Legal Ease replied 4 months ago.

You can file a complaint with the Office of the Independent Police Review Director. There is no cost to doing this and there is an external body that has no bias.

You can also sue but suing will take years and if you sue and lose you will get stuck with a good part of their legal costs which could be catastrophic for you.

Also, it is very difficult to sue the police and win and they can make your life miserable especially because you are living in a smaller town.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 4 months ago.
correct me, but don't they need evidence to formally charge somebody and is it not the Crown's Job to tell the police they have no case at the first possible moment so
the accused isn't denied his rights any further?
Expert:  Legal Ease replied 4 months ago.

The police need a reasonable belief that you committed an offence. I am not saying that at the end of the day you might not win in court. It is possible that you will win, but in the majority of cases the police do succeed because our society and so the legal system and the judges want the police to be able to charge when they believe they have reasonable grounds for so doing without being worried about being sued personally.

Customer: replied 4 months ago.
wow, a person can be arrested for trafficking with absolutely no evidence," NONE"
that is very, very scary. And to have a crown support it is absolutely WRONG in every way. Thank-you kindly for your help and opinion.
Expert:  Legal Ease replied 4 months ago.

I understand how you feel, which is why I am advising you to file a complaint. The people that hire the complaint are members of the community and not members of the police.

Do you see why I am suggesting that?

Customer: replied 4 months ago.
I complained about the policeman confronting me through the proper procedure
Expert:  Legal Ease replied 4 months ago.

But did you complaint to the independent body that I am suggesting or through the local police?

Customer: replied 4 months ago.
Independent, public complaint
Expert:  Legal Ease replied 4 months ago.

Through the body that I suggested?

Customer: replied 4 months ago.
The cop didn't even have the right to pull me over let alone charge me with Trafficking
Expert:  Legal Ease replied 4 months ago.

I am not disputing that at all. I have no doubt that you are completely correct. But I am a senior lawyer and while you are not my client I am trying to ensure that you do not get hurt further and so my suggestion of going to the independent body for a complaint is the best option I believe you have. But, you asked if you can sue and the straight forward answer is yes, you can sue the police.

Customer: replied 4 months ago.
I want to sue; two
pills. approx. 2 in the afternoon and my new script was due the next morning and who did I traffic to and where is the evidence NONE what can I say
Expert:  Legal Ease replied 4 months ago.

Then sue.

You feel so strongly about it then go ahead.

Expert:  Legal Ease replied 4 months ago.

Do you need any more help from me at this point?

Related Canada Law Questions