Judge chastises Halifax police, throws out evidence against accused drug dealer

A justice of the Nova Scotia Supreme Court has ordered all evidence seized from the home of a suspected drug dealer be excluded from his case because his charter rights were violated by police.

In her decision, Justice Darlene Jamieson was highly critical of the way police handled the case of Matthew Earl Cater, who faces charges of possession for the purpose of trafficking and failing to stop for police. Jamieson's decision singled out one officer in particular.

"In assessing the totality of the evidence provided by D/C [Det. Const. Daniel] Parent in relation to implementation of Mr. Cater's right to counsel, I must conclude that the officer attempted to mislead the Court," the judge wrote.

Police started following Cater on April 12, 2018, as he left his home on Lynch Street in north-end Halifax. They suspected him of trafficking cocaine. They followed Cater as he drove along Barrington Street through the city and decided to arrest him near Morris Street in the south end.

Police testified that Cater did not immediately stop his vehicle when they activated their lights and sirens to pull him over, so they suspected he used the time to conceal items. Cater was arrested and charged with possession for the purpose of trafficking and failing to stop for police.

Police carried out a strip search

They searched his vehicle and found nothing. They then transported Cater to the police station to conduct a strip search.

While Jamieson found police did have reasonable grounds to conduct the strip search, she faulted how it was carried out.

"The door to the room where the strip search was conducted was not completely closed, meaning people passing the door may have been able to see into the room," she wrote.

"[T]here was no authorization for the strip search given by a senior officer; no notes were taken of the reasons for the strip search, nor of the manner in which it was conducted; and the police did not provide any justification for why Mr. Cater was completely naked when he was asked to search his own mouth, hair, and behind his ears, and to show the bottoms of his feet."

The judge said a decision of the Supreme Court of Canada from 2001 clearly laid out how strip searches are to be conducted and there is no excuse for police in 2018 not knowing and following those guidelines.

No drugs or weapons were found in the search. At the same time, police got a warrant to search Cater's Lynch Street home.

Phone call to lawyer

Cater asked for a lawyer and police put him in touch with the duty counsel on call. However, Cater only used that call to get the phone number of the lawyer he wanted to consult. When he asked police to let him call that second lawyer, he was told he would have to wait until the search of his home was finished.

That search uncovered a handgun, a Taser and some cocaine. It was only after making him wait an hour and 45 minutes that Cater was finally allowed to consult with his lawyer. Parent testified Cater agreed to the delay, but the judge didn't buy that testimony.

" I am left with the conclusion D/C Parent scripted his evidence at the voir dire to reply to the allegations that he had not properly implemented Mr. Cater's right to counsel," the judge wrote.

Jamieson ruled the delay in allowing Cater to consult a lawyer and the improper way the strip search was conducted violated Cater's charter rights.

His lawyer, Ian Hutchison, asked the judge to order a stay of proceedings. She wouldn't go that far, but she did order that all evidence seized from Cater's home cannot be used against him.

Cater's case unlikely to go ahead

Crown prosecutor Christian Girouard told the judge that as a result of her decision, it is unlikely the case against Cater will proceed.

However, there is a co-accused and the Crown is still assessing whether that part of the prosecution can continue.

A spokesperson for Halifax Regional Police said the judge's decision is currently being reviewed and no determination will be made on next steps until that review is complete.