Thread by @AndyBrookeLmstn

ONE MORE THING CONCERNS ME

The integrity of our legal system depends in large measure on the integrity of those charged with its administration and enforcement. /2

LINK1 (ThreadReaderAPP):

https://twitter.com/UnrollHelper/status/1491961220525707266?s=20&t=GUEx104AXfBj2DJiYq5zvg

LINK2 (Original):

https://twitter.com/AndyBrookeLmstn/status/1491951503648645133?s=20&t=GUEx104AXfBj2DJiYq5zvg

#FreedomConvoy2022

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COURTESY NOTE: Please be advised that this Thread is lengthy.

HAVING ALREADY ADDRESSED the requirement for search warrants AND pointed out (the spectre of) possible "improper complicity" between agencies -

CANADIANS will need to pay close attention to any police operation.

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IF CANADIANS should end up seeing that @OttawaPolice @OPSChiefSloly have failed to obtain necessary search warrants, AND if instead, they see police 'piggybacking' on authority of @CASO_SAEO for anything other than being limited to assisting by 'standing by to keep the peace'

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during any apprehension of children.

⚠️ IN OTHER WORDS, the police are ❮NOT❯ permitted to use any apprehension of a child as a means for the police to gain entry into a truck being used as a dwelling house. Any search or seizure (or arrest) without warrant could be deemed

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unreasonable and as acting outside the 'execution of duty'.

Q: WHAT COULD SUCH CIRCUMSTANCES MEAN?

RISK FOR @OttawaPolice @OPSChiefSloly THAT Canadians may quickly come to the realization the police never had any (serious) intention to pursue criminal prosecutions.

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AND FURTHER the police action was ⟨more⟩ focused on the sole objective of the dismantling of a protest and ⟨less, if at all⟩ on any prosecution of offences being committed.

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FOR CLARITY, without search warrants, any evidence collected becomes improperly gathered and ultimately inadmissible in court for purposes of prosecution.

MOREOVER, any search, seizure (or arrest, flowing out of a warrantless search and seizure) by the police could

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be viewed by the courts in the end, as having resulted from a circumvention of the Criminal Code, and it could also conceivably taint and bring into question whether it was done 'in the execution of duty' in the first place. The possible ramifications are myriad and troubling.

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TO BE CLEAR, without search warrants, there are no Information To Obtain (ITO) which are required to be brought before a Justice. If no search warrants are obtained, this means police will have found a way around the accompanying requirement to

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satisfy a Justice. Any potential weaknesses in relation to evidence or offence will not have been subject to judicial oversight before a police operation.

SIMPLY SAID, this is dangerous (if not, perilous) territory.

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SHOULD THIS UNFOLD as described here, Canadian courts - which have clearly stated that any such efforts to defeat or "back door", in this instance the provisions of the Criminal Code of Canada - will not be viewed kindly.

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WITH RESPECT @OPSChiefSloly (Cc: @CommrRCMPGRC) ,if the police operational plan resembles what has been described here in any way, you are entering perilous territory. Irrespective of political pressure, and stating the obvious, you and you alone will bear

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ultimate responsibility for police action, its outcome and any consequences.

IN CLOSING, if the operational plan is essentially to forge ahead without warrants (and without regard for R v Colarusso, R v Feeney) AND eventually to deal with any charges by stay of proceedings -

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THEN, AS A FORMER RCMP (Ret'd) it is my opinion that that brings the administration of justice into disrepute.

WHICH BRINGS ME BACK TO -

The integrity of our legal system depends in large measure on the integrity of those charged with its administration and enforcement.

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