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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100483
Experience:  Lawyer
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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 Reported every Monday for 3 weeks and the case was withdrawn.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: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

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

Where do you live?

Customer: replied 1 year ago.
Port Elgin, Ontario
Customer: replied 1 year ago.
I am 65 years old and Live on $1100.00 per month
Expert:  Debra replied 1 year ago.

Was this the OPP?

Customer: replied 1 year ago.
No, local police and this area now, is called Saugeen Shores amalgamating Southhampton and Port elgin
Expert:  Debra replied 1 year 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 1 year 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:  Debra replied 1 year 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 1 year 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:  Debra replied 1 year 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 1 year ago.
I complained about the policeman confronting me through the proper procedure
Expert:  Debra replied 1 year ago.

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

Customer: replied 1 year ago.
Independent, public complaint
Expert:  Debra replied 1 year ago.

Through the body that I suggested?

Customer: replied 1 year ago.
The cop didn't even have the right to pull me over let alone charge me with Trafficking
Expert:  Debra replied 1 year 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 1 year 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:  Debra replied 1 year ago.

Then sue.

You feel so strongly about it then go ahead.

Expert:  Debra replied 1 year ago.

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

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