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Andy Brooke

@AndyBrookeLmstn

Feb 16

ULTIMATELY, and indeed appropriately, a future Judge acting as the final 'trier of fact' will ultimately determine what constitutes "exigent circumstances" in relation to "reasonable limits" that Charter #CCRF permits.

THAT SAID, PLEASE SEE attached four (4)Threads, with Links:

2/3

1️⃣ (4-Part Thread) Search Warrants

https://twitter.com/AndyBrookeLmstn/status/1491750714879664138?s=20&t=2dkRFMHpAGbhBLDbBuJGIw

2️⃣ (6-Part Thread) R v Colarusso

https://twitter.com/AndyBrookeLmstn/status/1491831404430344193?s=20&t=gDJGPgCfdEGvB18QnzcnTA

3️⃣ (7-Part Thread) Spectre of Political Interference

https://twitter.com/AndyBrookeLmstn/status/1491951503648645133?s=20&t=r55E3rkbmlZt_z-820NrqA

4️⃣ (14-Part Thread) Administration of Justice

https://twitter.com/AndyBrookeLmstn/status/1492181573927677958?s=20&t=Gr7Fd7Gie5nar1wmGBrLxg

@althiaraj

3/3
Cc: @althiaraj @SusanDelacourt

#EmergenciesAct #EmergencyAct #Emergency #COVID19 #cdnpoli #ottnews

Read 4 tweets

Andy Brooke

@AndyBrookeLmstn

Feb 11

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

2
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.

@OttawaPolice

3
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'

Read 17 tweets

Andy Brooke

@AndyBrookeLmstn

Feb 11

AS A FORMER RCMP (Ret'd), I defended and respect Canada's Constitution and the Canadian Charter of Rights and Freedoms.

THAT defence and respect did not end with retirement.

RISKING SERIOUS UNDERSTATEMENT, I am concerned about the appearance of mounting
ottawa.ctvnews.ca/ottawa-police-…

@OttawaPolice

2
political pressure (and ultimately, interference). One doesn't have to 'see' it. It's like anchovies in a Caesar salad. You man not be able to see them, but your discernment tells you they are there.

WHATEVER @OttawaPolice operational plan for #FreedomConvoy2022, it must act

3
in accordance with Canadian law.

Some trucks are being lived in and as such, those trucks will be deemed a dwelling house. They cannot be entered without a search warrant. Period. The provisions of Section 487 of the Criminal Code of Canada apply. (PART 1)(See 6)

Read 14 tweets

Andy Brooke

@AndyBrookeLmstn

Feb 10

TWO COMPLEMENTARY THREADS

1️⃣ Some trucks #ConvoyForFreedom2022 are dwelling house;
2️⃣ Search warrant provisions CANNOT be circumvented by 'piggybacking' on #CAS apprehension authority.

LINK (4-Part Thread):

https://twitter.com/AndyBrookeLmstn/status/1491750714879664138?s=20&t=Ccx2SKaMQICoChHy32rhkw

LINK2 (6-Part Thread):

https://twitter.com/AndyBrookeLmstn/status/1491831404430344193?s=20&t=Ccx2SKaMQICoChHy32rhkw

2/2
For clarity:

1️⃣ Arguably, according to reports, 25% being lived in are deemed a dwelling house. Police NOT permitted enter to without warrant.

2️⃣ Any CAS apprehension of children DOES NOT permit police to enter for purposes of search and seizure.

ottawa.citynews.ca/police-beat/ch…

@TerryGlavin

ICYMI 📌 @TerryGlavin

Read 4 tweets

Andy Brooke

@AndyBrookeLmstn

Feb 10

🏛 R. v. Colarusso, [1994] 1 S.C.R. 20

DIFFICULT QUESTION:

Does a "potential for improper complicity" (R v Colarusso) between the police and in this case, The Children's Aid Society of Ottawa exist in relation to #FreedomConvoyCanada2022 ?

Allow me to explain.

@OttawaPolice

2/6
IF ANY CONSIDERATION is underway between @OttawaPolice and @CASO_SAEO whereupon the police seek to improperly buttress their investigative procedures (and overcome any case weaknesses), THEN such would run afoul of R v Colarusso.

LINK (earlier Tweet):

https://twitter.com/AndyBrookeLmstn/status/1491750714879664138?s=20&t=Tj7OyvFuUZ-2J8D_092MjQ

3/6
In R v Colarusso, Supreme Court of Canada #SCC ruled clearly:

"It is sufficient to say that this Court will not tolerate using the [Substitution of: '#CAS right of apprehension'] as a 'back door' means of defeating ..."

Read 9 tweets

Andy Brooke

@AndyBrookeLmstn

Feb 10

HERE'S A Q:

Does Canadian law view each truck in #FreedomConvoyCanada2022 as a "dwelling house"?

IF SO - AS A FMR RCMP (Ret'd) there can be little doubt as the question is essentially rhetorical (See 2) - THEN any "police crackdown" [media parlance]
toronto.citynews.ca/2022/02/08/ott…

2/4
⟨MUST⟩ address this in any search and seizure of these places ("units"), if it is to be conducted lawfully.

WHAT DOES THIS ULTIMATELY MEAN?

This is significant.

It means Information to Obtain (ITO) will be required and separate Section 487 Search Warrant for each and

3/4
every truck being used a dwelling house.

This means the police will have to identify and differentiate each and every truck and determine whether it is being used as a dwelling house.

THEN once identified, the police must satisfy a Justice. (See Below)

Read 9 tweets

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