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Toronto Sun
04-08-2025
- Toronto Sun
WARMINGTON: Peel cop union takes aim at judge's misconduct ruling that freed accused
But Peel Police Association President says assertions his members used racial bias in arrest are absurd and unfounded Get the latest from Joe Warmington straight to your inbox A judge ruled Peel Police violated the Charter Rights of Boysie Alexander Murray, 41, when they arrested him on gun and drug charges in 2022 (Police handout) In Canada in 2025, there seems to be more important things at play than police finding a loaded gun, drugs and a suspect known to them allegedly asleep at the wheel outside a building known for human and narcotics trafficking. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account Despite red flags in this matter, police have been reminded of this reality once again. Was the accused in a running car around 3 a.m. flagged to be owned by a man on the police's radar? Yes. Did the driver the car, who was not the owner, refuse to exit the vehicle for a sobriety check? Yes. Did it turn out the driver of the black BMW had a 2007 manslaughter conviction? Yes. Did another police service want to talk with him about a criminal investigation two weeks before? Yes. Did police say officers found what appeared to be a substance they believed was cocaine and a weigh scale found in the car? Yes. Did police say they found a loaded handgun located inside the car (although the accused denied being in possession of a firearm)? Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Yes. This is the gun Peel Police allege was in the car being driven by Boysie Alexander Murray in 2022. This evidence was ruled to be in violation of the Charter of Rights and Freedoms and excluded from the case and the accused did not face trial for eight charges following a judge's ruling — Peel Police photo Were Peel Regional Police officers Murray Wood, Majd Al Janazra, David Bersh, Steven Dove, Shoaibuddin Khan, and Connor MacPherson — who made this arrest Nov. 18, 2022 outside a dwelling known for criminal complaints at Kennedy Rd. and Queen St. in Brampton — deemed to be the ones in the wrong? Recommended video Well, this is what a judge, citing racial bias, determined. 'The police misconduct was influenced by anti-Black racism which the court must disassociate itself from,' said Ontario Superior Court Justice Faisal Mirza in a July 18 decision. 'This distinct racism is a long-standing pernicious problem in the criminal justice system. Society's paramount long-term interests are of ensuring an equal and principled justice system free from racial discrimination.' This advertisement has not loaded yet, but your article continues below. Just like that, the eight charges against Boysie Alexander Murray, 41, of St. Catharines, including obstructing a peace officer, possession of a firearm and possession of drugs for the purpose of trafficking, were tossed. This column is not a rebuke of Mirza or the Charter of Rights application put before him by skilled criminal defence counsel Yogesh Gupta. But Peel Regional Police Association President Adrian Woolley rejects the bigotry narrative — saying the officers were effectively put on trial while the accused found with a gun and drugs is set free. 'I'm uncomfortable with this,' he said. 'The officers were engaged in the lawful apprehension of an armed and dangerous individual, acting decisively to protect the safety of the public and themselves.' So, what's the problem? This advertisement has not loaded yet, but your article continues below. Peel Regional Police Association president Adrian Woolley. (LinkedIn) A Peel Regional Police vehicle. Photo by Ernest Doroszuk / Files / Toronto Sun Calling this a case of police brutality, and one lacking in procedural prudence, Mirza ruled 'society's interest in upholding the protection of the fundamental Charter rights at the time of arrest that were trampled in this case, also favours exclusion in these circumstances, even when real evidence of very serious crimes would be excluded . . . I find that admission of the evidence would bring the administration of justice into disrepute' to which his conclusion is 'the Charter motion is granted, and all of the evidence is excluded.' Further to that, Mirza found when the cops broke the car's window to drag the man — who was afraid of the officers — out from the car after not following directives to do so, 'the police officers breached the applicant's Charter rights.' This advertisement has not loaded yet, but your article continues below. He ruled: 'They arbitrarily detained him, failed to accurately inform him of the basis for his continuing detention, improperly delayed rights to counsel during the lengthy detention, unlawfully arrested him, and then upon arrest, failed to give him rights to counsel and a caution without delay. The officers used excessive force during the arrest,' which he described as repeated Tasering of the suspect including in his genital region – something the officers say was unintended and accidental. The judge added 'although all of the breaches are serious, the excessive force the police employed against the applicant was shocking' and 'the pre-text stop and unlawful arrest, failure of six officers to provide basic rights to counsel and caution upon detention, and arrest without delay was flagrant' and 'the total actions and conduct resulting in Charter breaches by the police were influenced by racism. The total misconduct amounts to racist mistreatment.' This advertisement has not loaded yet, but your article continues below. Woolley said this was nothing more than officers dealing with someone who turned out to be armed and known to police. 'They were trying to do good,' he said, adding they were trying to protect the community and themselves. Perhaps the most important question now is why would anybody want to be a police officer? 'Peel Regional Police was made aware of the judge's ruling and is reviewing the decision,' said a statement from the service. 'As per our policies related to adverse court findings, the matter has been referred to our Professional Standards Bureau for review.' But Woolley said he would prefer to see a pat on the back to the officers for getting a gun and drugs off the street. 'I don't know how much more that can be expected of them,' he said. 'The car was flagged, there was a loaded gun, a person charged in a previous murder and drugs found.' He would also like to see judges who have worked as a counsel before being on the bench, recuse themselves if they had been in previous contentious cases with a police services. Woolley added it is his view there was no racism displayed by his members on a dangerous call. They would have had less risk and hassle had they just left the gun and drugs and let the suspect drive off. 'But they did their jobs. They are outstanding officers with a lot of experience,' he said. 'That was a difficult situation. They should be commended. Not labelled. This was good policing.' A judge disagreed. Columnists Wrestling Opinion NHL World
National Post
07-06-2025
- National Post
Prolific B.C. drunk driver could face deportation after dozens of driving bans over 30 years
A driver who has racked up 32 driving prohibitions or suspensions, as well as 16 24-hour driving bans, failed to convince a British Columbia judge he should get a lighter sentence than normal for drunk driving because more than six months in jail could get him deported to India. Article content Vernon's Gurinder Pal Singh Bajwa, a permanent resident of Canada who escaped deportation in 2019 on an impaired driving conviction with a sentence of five months and 29 days, got a reduced sentence this time around because Mounties captured him on surveillance cameras using the toilet in a holding cell after he was arrested for impaired driving again on May 11, 2022, after rear-ending a white Hyundai Tucson with his Mercedes sport utility vehicle in the parking lot of a Wholesale Club. His blood alcohol level was more than twice the legal limit. Article content Article content Article content But the judge refused to lighten Bajwa's sentence on convictions for impaired and prohibited driving to a level that wouldn't have immigration consequences for the 57-year-old. Any sentence over six months can result in deportation from Canada. Article content Article content 'To accede to Mr. Bajwa's request for a (conditional sentence) or a reduction of the jail time on either count for the impact of the collateral immigration consequences to Mr. Bajwa and as a remedy (for breaching his Charter right to be free from unreasonable search and seizure), would bring the administration of justice into disrepute and result in an inappropriate and artificial sentence; in other words, an unfit sentence,' Judge David Patterson of B.C.'s provincial court wrote in a recent decision. Article content Bajwa immigrated to Canada from India's Punjab region over 34 years ago. Article content 'He received his first British Columbia driving prohibition on March 19, 1993,' said the judge. 'He has also accumulated a substantial number of additional Criminal Code convictions and Motor Vehicle Act infractions.' Article content Article content The Crown recommended Bajwa get between nine and 12 months in jail, a $2,500 fine and a five-year driving prohibition for the impaired driving charge, plus another four months behind bars for getting behind the wheel while he 'was subject to five separate driving prohibitions' or suspensions. Article content Article content 'I am flabbergasted that Crown counsel has only sought a four-month consecutive jail sentence (for driving while prohibited),' Patterson said in his decision dated June 2. 'Given the circumstances of the offence, it is hard to imagine a more suitable case for the two-year less-a-day maximum sentence allowed.' Article content Bajwa's lawyer argued for a conditional sentence or no more jail time than he got in 2019 — five months and 29 days behind bars. He noted that would allow Bajwa to remain in Canada. Article content The court heard Bajwa 'has no one in India' and that he's in the process of getting a divorce 'as his alcohol usage ruined his relationship with his estranged wife and his children,' said the judge, who noted they live in Canada.
CBC
04-06-2025
- General
- CBC
Proposed lawsuit alleges Toronto violated refugees' rights by denying shelter beds
A proposed class-action lawsuit against the City of Toronto alleges the city violated refugee claimants' Charter rights by denying them access to shelter beds for nearly a year. The proposed suit was filed on behalf of refugees, refugee claimants and asylum seekers who sought shelter in Toronto and were unable to get a bed between Nov. 7, 2022 and Oct. 1, 2023, when it says the city stopped allowing claimants to access its base shelter system. It also includes shelter seekers who were told to contact either Service Canada or Immigration, Refugees and Citizenship Canada, which the suit says were unable to provide housing assistance. The lawsuit requires certification from a judge to proceed. It also alleges the city's practice disproportionately impacted members of the Black community, as many of the refugee claimants had arrived from countries with predominantly Black populations. City spokesperson Elise von Scheel says the city will respond "in due course" and has no further comment as the case is before the court.
CBC
03-06-2025
- General
- CBC
Oversight on Charter breaches by Ottawa police lacking, lawyer says
In a scathing ruling, an Ontario Court judge called out two Ottawa police officers for breaching a man's Charter rights and lying about it in court. The man was acquitted.
CBC
02-06-2025
- General
- CBC
No system to track, train lying police, lawyer says after another scathing decision
At 2 a.m. one night in March 2023, two Ottawa police officers pulled into a shopping plaza at the corner of Merivale and Baseline roads to get food at a fast food restaurant when they noticed something strange in the lot: a parked red Subaru, which was running, with someone asleep in the driver's seat. That someone turned out to be a 29-year-old man known to police. And inside the vehicle, Const. Anthony Kiwan and Const. Ali Sabeeh found everything they needed to put him away for a while. In plain view on the back seat was a prohibited Glock handgun with a round in the chamber and a prohibited over-capacity magazine capable of holding 30 rounds attached. The officers also found significant quantities of meth, cocaine, crack and Oxycodone pills. And to top it off, on his cellphone were pictures and videos of the man: Posing with 14 handguns, sometimes with multiple guns in the same image, some of which were equipped with prohibited over-capacity magazines. Preparing and packaging what looked like drugs. Flaunting large piles of cash. Everything found in car excluded during trial But last month, he walked out of the Ottawa Courthouse a free and innocent man after the trial against him collapsed. All the evidence found in the Subaru was excluded because the officers had seriously breached the man's Charter rights. They'd detained him under the guise of a sham impaired driving investigation, falsified their reports, then continued the lie in court under oath, according to the transcript of a decision read in court last month by Ontario Court Justice Mitch Hoffman. The judge found that the officers quickly realized who the man was, that he had a history of firearms offences, and that he wasn't impaired. They should have told him the real reason he was being detained — a firearms investigation — instead of continuing the ruse that they thought he was intoxicated. With the critical evidence no longer usable, the Crown agreed the man should be found not guilty on the more than two dozen firearm, drug and other charges he faced. CBC is not naming him because he was acquitted. 'Planned, audacious, contemptuous and abhorrent' Hoffman told court the Ottawa police breaches of the man's Charter rights were "wilful," "intentional," "flagrant, shocking and brazen. "It was a planned, audacious, contemptuous and abhorrent abuse of an already vast power given to the police from the first steps to its implementation, and significantly exacerbated by the joint venture of both officers to mislead and deceive the court," the judge said. "This was almost as far as possible from a technical breach or an understandable mistake as police officers can get." The man's defence lawyer, Mark Ertel, called the ruling "courageous." It's important to uphold the rights of all Canadians, he said — even if some people might find it offensive in cases like this — "because we have to maintain the integrity of a criminal justice system that has to be above reproach." Charter breaches are routinely argued in criminal courts, but after 33 years in defence law, Ertel said he's never come away with such a strongly written decision, and that it's rare for a judge to make findings of intentional deceit in police investigations and testimony. As well, the tossed-out prohibited handgun evidence was significant. "It takes a very serious affront to the administration of justice for an illegal firearm to be excluded from evidence," Ertel said. In January, CBC News reported on another Ottawa officer found by a judge to have deliberately lied in court. In that case, half a kilo of seized fentanyl and other evidence was excluded, collapsing the prosecution. Hoffman relied heavily on that Superior Court judge's decision in his ruling. No system for tracking, following up with officers Kiwan, who was hired by Ottawa police in March 2020, no longer works for the force. He resigned in May 2024, according to Ottawa Police Association president Matthew Cox. That was a few months before Hoffman ruled in August 2024 that the investigation had breached the man's Charter rights. (The decision last month was to exclude the evidence because of those breaches.) Sabeeh remains with the service on patrol. Ertel doesn't think the Ottawa Police Service has any system in place to track Charter breaches by its officers, re-educate, re-train or discipline them about those breaches, or even let them know when breaches are found to have happened in court. Cox, the head of the union representing civilian and sworn members of the Ottawa Police Service, confirmed it. "There is no system in place," said Cox, who has 21 years of policing experience. "Your regular officer is just going from call to call to call, and then having to attend court for a number of different cases, and they don't really follow up and have any knowledge of what actually happened in the case." Such a system should "absolutely" be created, Cox said — perhaps more of a buffer between police and the Crown to act as a liaison. Crown prosecutors, who see what becomes of police testimony and evidence, should be relaying any breach findings so that the officers involved can get more training and learn from it, or even be disciplined if it happens repeatedly, he said. Cox respects Hoffman's decision, but he added that "a lot" of Charter breach cases don't involve police actually lying in court. More often, it's junior officers who haven't testified much, getting tripped up by highly experienced defence lawyers. The Ottawa Police Service did not answer questions by deadline, and did not respond to similar questions about the previous case in January.
