In the Hamilton Spectator Thursday November 18, 2010

Here is what Police Chief Glenn De Caire has to say about systemic Charter of Rights violations by Hamilton Police Services. He states and these are not my words but his that are on record.

“We’ve provided training to our officers with respect to the Charter” of Rights and Freedoms, said the police chief Thursday. “They are well versed in the rules of arrest and detention, and the exercise of constitutional rights.”

and

“I stand in support of our officers out there on a daily basis using their best talents and skills and applying the law fairly.”

So since the Chief is on record about the training the officers receive on the Charter (that would include S. 15 of individuals being treated with equality before and under the law)
And that he also "stands in support of our officers...and applying the law fairly" can we interpret his statements to mean he supports the practice of selective charging and treatment of citizens on the basis of sex? I refer back to the police report by Cottrill where a spouse confessed twice to the crime of assault against her partner and yet was taken to an abused woman's shelter

Here is the report and bear in mind the crime of a domestic assault was admitted to the responding officers as well to the dispatch officers.

General Occurrence Report
Hamilton Police Service

Printed: 2010/02/22 10:16 by 620

Occurrence: 10116367 Verbal Dispute -
Domestic [8504.0005] (FIP) ©2010/01/24 05:57

LW,






January 24, 2010

At 0610hrs police were
dispatched to ___________Ito respond to a report of a domestic in
progress. PC COTTRILL and PC SVEC attended the scene and spoke with
the complainant

____________She was standing on the front porch and speaking with dispatch when
police arrived____________stated that she and her fiancee Daniel
PERRINS were involved in a verbal argument this morning. He was out
drinking and returned home intoxicated at approximately 0200hrs. At
approximately 0600hrs PERRINS awoke to use the bathroom. At that
point the two became involved in a verbal argument regarding some
missing wooden spoons.

stated That they have not been getting along for a long time and are
planning on breaking up. They have
given notice
to the landlord and are moving out in April. At
one point during the argument__________ stated she hit Daniel PERRINS
on the back of the head with an open hand. She said this was the
first time she had done that. She said it was out of frustration and
she was not trying to cause any harm. She stated that PERRINS has
never hit or assaulted her. She stated she did not require any
medical attention and there were no obvious signs of injury to her
hand or wrist. ______________.stated that she called police because
she wanted to leave the residence but didn't know where to go. She
stated that she does not have any friends in Hamilton and does not
have a relationship with her family.

Police then entered the second floor apartment and spoke with Daniel
PERRINS. He denied any injuries. He asked police to leave and stated
police were neither welcome nor wanted. He denied any injury and
there were no obvious signs of injury. Police waited while
_________packed a bag of personal items and escorted her from the
apartment. She was put in touch with_____and a place was arranged for
her At 0650hrs____________was transported to______

Complete Solved - Non Criminal

Although this article deals with 2 drug charges being "tossed" out the
bigger picture would seem to point that police care little about the Charter and know that it is extremely difficult for them to be held accountable for their actions.

* Paul Morse
* Thu Nov 18 2010

Chief says no systemic Charter violations

Police chief Glenn De Caire says two recent drug cases that got the cold shoulder from judges do not indicate Hamilton police have a systemic problem with violating Charter rights of people they arrest.

Crown prosecutors are obligated to withdraw charges if they see constitutional infractions, but in both cases the Crown fully supported the charges, he said yesterday.

“We’ve provided training to our officers with respect to the Charter” of Rights and Freedoms, said the police chief Thursday. “They are well versed in the rules of arrest and detention, and the exercise of constitutional rights.”

Earlier this week, an Ontario Court judge tossed out drug charges against a suspected drug dealer whose vehicle was searched on “a hunch.”

Two High Enforcement Action Team officers had arrested Victor Flynn, 25, for crack cocaine possession, but the judge decided the officers had committed a “flagrant breach” of Flynn’s Charter rights when they searched his vehicle on a suspicion an offence had been committed.

Defence lawyer Dean Paquette argued that the breaches of Fynn’s rights were “symptomatic of systemic issues within Hamilton police service regarding officers’ compliance with the Charter.” But Justice Marjoh Agro rejected the argument.

In August, Chanbori Sup, 29, pleaded guilty to possessing to traffic 1.2 kilograms of cocaine, but received a significantly reduced sentence because his Charter rights had been repeatedly violated by members of the guns and gangs unit.

“Let’s put these cases in context — our officers in the last five or six months have been laying charges at a rate of 60 to 70 drug charges per month,” De Caire said. “In both of those matters, we are still in a period where the Crown has an opportunity to review those, and exercise their right of appeal.”

Hamilton police have a sophisticated case review process in which “all the cases are reviewed by a supervisor, signed off by supervisory people and reviewed by our court people before they go forward.”

Early in both these cases, Crown prosecutors felt there is a reasonable prospect of conviction and had chosen to go ahead with the cases, he said.

“If they don’t feel that exists and that there would any difficulties to the case, the Crown is under an obligation to withdraw that charge and not to proceed.

“That didn’t occur in both these cases.”

De Caire said Hamilton police will remain focused on keeping streets safe and removing drugs from the streets.

“I stand in support of our officers out there on a daily basis using their best talents and skills and applying the law fairly.”

pmorse@thespec.com

905-526-3434

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