Toronto road tolls, championed by Mayor John Tory, OK’d at executive committee

Update:

Nathan Philips Square which contains Toronto's City Hall. The parking ticket counter at Metro Hall at 55 John Street will close today and be temporarily re-located to the main floor at Toronto's City Hall at 100 Queen St W, Toronto, ON M5H 2N2
Tory’s motion to implement the road tolls — which could cost around $2 per trip — was approved, although with some amendments introduced by other councillors, including a potential yearly cap on how much commuters will pay in tolls. photo by fightyourtickets.ca

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Hotel and short-term accomodation tax also clears major city hall hurdle after debate.

Mayor John Tory’s executive committee unanimously approved moving forward with road tolls for the Gardiner Expressway and the Don Valley Parkway on Thursday, though not without some fierce debate.

Council voted 24-21 in favour of the so-called hybrid plan for the eastern section of the Gardiner Expressway, which runs from Jarvis Street to the Don Valley Parkway.
Gardiner expressway, east of the DVP. photo by fightyourtickets.ca

Council will also consider a tax on hotels and short-term accommodations, like Airbnb rentals. The city won’t, however, seek permission from the province to tax alcohol or tobacco sales, an option that had been tabled at the beginning of the day.

The budget committee, meanwhile, will be asked to look at the possibility of introducing a 0.5 per cent property tax levy that will be directed to the City Building Fund. It will also consider changing the land transfer tax rebates given to first-time homebuyers so they are in line with the new rules unveiled by the province last month.

Motorists entering this ramp from Bay street will now be soon be paying for the opportunity to drive on the Gardiner Expressway or the Don Valley Parkway. photo by fightyourtickets.ca

The city is grappling with how to pay for $33 billion worth of major transit and infrastructure projects.

Tory’s motion to implement the road tolls — which could cost around $2 per trip — was approved, although with some amendments introduced by other councillors, including a potential yearly cap on how much commuters will pay in tolls.

Queen's Park. Tow Trucks in the GTA took their "awareness campaign" to Queen's Park this morning, in an effort to inform the motoring public and other tow truck operators of the government's plans under Bill 15, specifically placing tow truck driver's under the authority of the CVOR. photo by fightyourtickets.ca
Queen’s Park. City council would still have to approve road tolls before they come into effect. The city would also need approval from Queen’s Park. photo by fightyourtickets.ca

City council would still have to approve road tolls before they come into effect. The city would also need approval from Queen’s Park tolls in.

Deputy Mayor Denzil Minnan-Wong, who represents Ward 34, Don Valley East, introduced the motion calling on city council to cap the amount Torontonians will pay on tolls per year, though he declined to set a specific amount.

“My residents are affected more than any other community in the city,” he said.

“You have to spread the pain of these revenue tools.”

Minnan-Wong’s motion also suggested looking at how the tolls will be collected, suggesting a dynamic pricing model could be put in place.

The executive committee also unanimously approved a motion by Coun. David Shiner that recommends asking the province to exempt any road tolls from the Harmonized Sales Tax.

Drivers may not like paying the tolls, Shiner said, but they’d hate “paying a tax on a tax.”

Budget Chief Gary Crawford, meanwhile, defended dropping the potential alcohol and tobacco taxes, saying the revenue tools the executive committee did approve were the fairest, most affordable and most transparent.

Gardiner Expressway. photo by fightyourtickets.ca
Tory wants to impose a toll of roughly $2 on the two major highways leading to Toronto’s downtown core. photo by fightyourtickets.ca.

Some fighting back against taxes

Councillor Giorgio Mammoliti, who showed up to the meeting with a pair of boxing gloves, told CBC Toronto he is going to fight “every tax and every fee.”

“In a flash, we’ve approved an unprecedented amount of taxes and fees to be looked at without consulting the rest of Toronto,” he said.

Sean Meagher, executive director of the non-profit social justice organization Social Planning Toronto, expressed concern that road tolls would affect the budget years from now, but are not an immediate fix.

“The city manager’s named a bunch of very useful tools — things like harmonizing the land transfer tax, closing some tax loopholes for corporations,” he said.

“Those are things we can have in the immediate term.”

‘A step in the right direction’

Potential road toll revenue is earmarked for transit and infrastructure projects. With this plan, city council is “finally beginning to take action on fighting congestion and building more transit,” Tory said during a midday news conference.

But Tory has previously said that, while road tolls will raise about $200 million annually, the potential revenue would still fall short of addressing all the city’s transit needs.

“It’s a really good start but it’s not going to be sufficient,” said City Manager Peter Wallace during the morning meeting session.

Speaking to CBC Toronto, Coun. Joe Cressy, who represents Ward 20, Trinity-Spadina, said the proposed tolls and taxes are a “a step in the right direction.”

“The city of Toronto doesn’t have the money today to maintain the city we have, let alone the money to build the city we want,” he said.

“And if you’re going to build a strong city, and a fair city, you need to pay for it.”

Tory not backing down

In his news conference, Tory said he’s glad to have a “good, open, lengthy discussion” about the proposed revenue tools.

But he coupled this with strong words to anyone opposing the measures, either at city hall or Queen’s Park.

“If they are opposed to road tolls, and some of these other measures as a means for paying for some of these kinds of things, I think they have an obligation to spell out what they would use instead,” Tory said.

Or, he added, detractors should “indicate honestly to the public that they would have no intention of supporting the measures that I believe are absolutely necessary.

Two men sentenced to 120 days in jail in separate assaults on TTC employees

Update:

TTC personnel are assaulted everyday by passengers. The Criminal Code was amended in December 2015 to acknowledge this reality. photo by fightyourtickets.ca
TTC personnel are assaulted everyday by passengers. Dundas subway station. The Criminal Code was amended in February 2015 to acknowledge this reality. photo by fightyourtickets.ca.

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Two men have been sentenced to jail in separate incidents for assaulting TTC employees.

Moses Sanderson, 61, was sentenced to 120 days in jail for assaulting two TTC student ambassadors this summer.

On August 19, the two employees were working as Customer Service Ambassadors at Bloor-Yonge Station. Sanderson approached one female student from behind and slapped her on the buttocks and lunged toward her in a threatening manner. He also spit at her and another employee.

TTC Special Constables arrested Sanderson at St George Station shortly after the incident. He was found to have a criminal record and three previous convictions of assaulting streetcar operators in late 2015 and early 2016, and was on probation in relation to those previous assaults.

Sanderson pleaded guilty to two charges of assault and failing to comply with probation and was sentenced to four months in jail.  Sanderson was also placed on probation for one year, during which time he must stay away from the victims and not to be found on TTC property.

– – –

The TTC is planning on eliminating collectors in collection booths, such as this one at Greenwood Subway Station. They hope on reducing costs. Where will passengers go for help, once the collector booths disappear? photo by fightyourtickets.ca
The TTC is planning on eliminating collectors in collection booths, such as this one at Greenwood Subway Station. They hope on reducing costs. Where will passengers go for help, once the collector booths disappear? photo by fightyourtickets.ca

 

 

Mathew Lidster, 27, was sentenced to 121 days for assaulting a TTC Bus Operator.

On July 6, Lidster rose from his seat at the back of a bus on St. Clair Ave. W., approached the driver’s area and, without warning, punched the operator in the head.

The Toronto Police Service attended and arrested Lidster, charging him with assault. Lidster pleaded guilty to assault and other unrelated charges and was sentenced to four months in jail. Lidster was also placed on probation for two years and ordered to stay 200 metres away from the employee.

On average, one to two TTC employees are assaulted every day, ranging from punching and slapping to spitting, and more are threatened with physical harm or death.  The TTC’s Court Advocates work with Crown Attorneys and the Courts to ensure the stiffest penalties possible for those convicted of assault or threats on TTC employees, and continue to seek limits on the use of public transit in Toronto for those convicted of these crimes.

In 2015, the Criminal Code of Canada was amended so that when a court imposes a sentence for assault, it considers as an aggravating circumstance the fact that the victim was a public transit operator engaged in the performance of his or her duty.

 

An Act to amend the Criminal Code (assaults against public transit operators)

S.C. 2015, c. 1

Assented to 2015-02-25

An Act to amend the Criminal Code (assaults against public transit operators)

SUMMARY

This enactment amends the Criminal Code to require a court to consider the fact that the victim of an assault is a public transit operator to be an aggravating circumstance for the purposes of sentencing.

R.S., c. C-46

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

 The Criminal Code is amended by adding the following after section 269:

Marginal note:Aggravating circumstance — assault against a public transit operator
  • 269.01 (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit operator engaged in the performance of his or her duty.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    “public transit operator”

    « conducteur de véhicule de transport en commun »

    “public transit operator” means an individual who operates a vehicle used in the provision of passenger transportation services to the public, and includes an individual who operates a school bus.

    “vehicle”

    « véhicule »

    “vehicle” includes a bus, paratransit vehicle, licensed taxi cab, train, subway, tram and ferry.

 

Federal Government Reviews Mandatory Minimum Sentences Law

Update:

Justice. photo by fightyourtickets.ca
Justice. photo by fightyourtickets.ca

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For instance, relief from a mandatory minimum could be granted in the case of a juvenile offender or an early guilty plea.

OTTAWA—The Liberal government is studying the idea of building some wiggle room into the controversial convention of mandatory minimum sentences to avoid unduly harsh penalties in cases that don’t warrant them.

The examination is part of a federal review of changes to the criminal justice system and sentencing reforms ushered in by the previous Conservative government, a frequent champion of setting minimum penalties for crimes involving drugs, guns and sexual exploitation.

A report prepared for the Justice Department says “a politically viable strategy” is to craft exemptions to mandatory minimums that kick in when certain criteria are met, as seen in several other countries.

For instance, relief from a mandatory minimum could be granted in the case of a juvenile offender, an early guilty plea or when an accused provides substantial help to the state, says the report by criminologist Yvon Dandurand of the University of the Fraser Valley in British Columbia.

Prison Bars. photo by fightyourtickets.ca
Prison Bars. photo by fightyourtickets.ca

“The main argument in favour of creating exceptions to the application of mandatory minimum penalties remains the need to avoid unjust and arbitrary punishment,” says the report, completed in March and recently disclosed under the Access to Information Act.

Justice Minister Jody Wilson-Raybould is looking at mandatory minimum penalties and other related issues “as a key priority” in support of her criminal justice review, said Whitney Morrison, a spokeswoman for the minister.

In finding mandatory minimum sentences for certain firearms offences unconstitutional, the Supreme Court of Canada said last year that minimums amount to “a blunt instrument” that can result in a disproportionate sentence.

Such laws prescribe minimum sentences of 90 days for a repeat offence of selling a large volume of contraband tobacco, six months for distributing child pornography and five years for trafficking someone under age 18.

Conservative justice critic Rob Nicholson, who served as justice minister in the Harper government, makes no apologies for mandatory minimums, saying they send a stern warning that some crimes carry stiff penalties.

“I believe that the steps that we took were reasonable in terms of protecting the public and standing up for victims and sending out a message that some of this criminal activity was completely unacceptable,” Nicholson said in an interview.

Department of Justice Canada Headquarters. Justice Minister Jody Wilson-Raybould is looking at mandatory minimum penalties and other related issues “as a key priority” in support of her criminal justice review, according to a spokeswoman. Liberals are looking to build exceptions to the mandatory minimum sentences in order to avoid unduly harsh penalties. photo by fightyourtickets.ca
Department of Justice Canada Headquarters. Justice Minister Jody Wilson-Raybould is looking at mandatory minimum penalties and other related issues “as a key priority” in support of her criminal justice review, according to a spokeswoman. Liberals are looking to build exceptions to the mandatory minimum sentences in order to avoid unduly harsh penalties. photo by fightyourtickets.ca

Dandurand’s report updates research he carried out four years ago for the Uniform Law Conference of Canada, which highlights inconsistencies in legislation across the country and makes recommendations for improvement.

It notes that mandatory sentences take many forms, but generally prescribe both the type of penalty and the minimum level of the sanction. Sometimes they apply only to repeat offenders.

In the majority of countries where mandatory minimums exist — including England, the United States, Sweden and Australia — “some exceptions to their imposition have been provided by law,” Dandurand found.

Courtroom. Mandatory minimum sentences remove the discretion from the judge hearing the case. photo by fightyourtickets.ca
Courtroom. Mandatory minimum sentences remove the discretion from the judge hearing the case. photo by fightyourtickets.ca

In some cases, the mandatory scheme specifically spells out grounds under which a court can override the presumption of a minimum sentence and exercise judicial discretion.

However, such “safety valve” provisions are almost non-existent in Canadian sentencing law, the report says.

Several jurisdictions have shown that it is “possible and useful” to introduce exceptions to mandatory minimum penalties, based on criteria that set a high threshold for any departure from the legislated minimum, the report concludes.

The Conservatives would challenge any attempt by the Liberals to water down mandatory sentence provisions, Nicholson said.

“I’d say, why are you doing this? Did you consult with victims’ groups? What’s the problem? The bills that we brought in, I believe, were reasonable.”

Ottawa’s New Air-Travel Policy Catches Dual Citizens by Surprise

Update:

Canada's Passport. Air carriers are obligated by law to confirm that all persons seeking to travel to Canada carry both proof of citizenship and proof of identity. A valid Canadian passport satisfies these requirements for Canadian citizens, and is the only acceptable travel document for the purpose of air travel.
Canada’s Passport. Air carriers are obligated by law to confirm that all persons seeking to travel to Canada carry both proof of citizenship and proof of identity. A valid Canadian passport satisfies these requirements for Canadian citizens, and is the only acceptable travel document for the purpose of air travel.

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Starting on September 30, Canadians with dual citizenships must use their Canadian passport to travel back to Canada by air. The new rule is being denounced as a cash grab.

Canadian citizens with dual citizenships will soon be allowed to fly into the country only if they have a Canadian passport.

The policy will come into effect Sept. 30 as a final phase of Canada’s move to an electronic screening system to step up border security and boost exit control of travellers, including Canadians on government benefits.

Veteran pilot Capt. Ian Smith says laser attacks on planes typically happen when an aircraft is landing or taking off, the two most critical times during a flight. photo by fightyourtickets.ca
Jet. photo by fightyourtickets.ca

The upcoming requirement has caught many by surprise calling the practice “discriminatory” against dual citizens and a money grab, and is expected to create havoc as travellers with dual Canadian citizenships may find out only at the last minute when trying to board on a flight.

“What is changing is that the Government of Canada is implementing a new electronic system to assist airlines in verifying that all travellers have the appropriate documents to travel to or transit through Canada by air,” Immigration, Refugees and Citizenship Canada spokesperson Lindsay Wemp told the Star.

“Air carriers are obligated by law to confirm that all persons seeking to travel to Canada carry both proof of citizenship and proof of identity. A valid Canadian passport satisfies these requirements for Canadian citizens, and is the only acceptable travel document for the purpose of air travel.”

Currently, Canadian citizens with dual citizenships can use the passport of the other country to enter Canada by air if they can provide proofs of residency in Canada, such as a driver’s licence and Canadian citizenship card.

According to the 2011 Census, at least 2.9 per cent of Canadians — 944,700 people — had multiple citizenships; the most frequently reported other citizenships were the United States, the United Kingdom, France and Poland.

Ottawa rolled out the electronic travel authorization, or eTA, system last year, requiring air passengers — including all applicants for study and work permits, as well as those from countries that currently do not require a visa to come to Canada — to submit their biographic, passport and other personal information through the immigration department website for prescreening or face being denied entry. American citizens are exempted.

Airline pilots must have their health and safety respected at all times. photo by fightyourtickets.ca
Jet descending in the sky. photo by fightyourtickets.ca

However, Canadian citizens will be ineligible for eTA of Sept. 30, because they will be expected to carry their Canadian passports which, by default, bar dual citizens from using the passport of the other country to return to Canada. What baffles several observers about the new rule is that it only applies to air passengers.

“This proposed policy change is discriminatory to dual citizens and for the life of me, I cannot see why it is necessary. It would appear to be a money grab with no benefit and huge inconvenience for any of us who live overseas,” said Craig Campbell, 60, who was born to a military family in Manitoba and is a dual Canadian-Australian citizen.

“There is time to fix this appalling discriminatory policy. I served the country of my birth as did my father, uncles, aunts and grandfather before me. This is simply a shameful way to treat one very small category of proud Canadians for no discernible benefit to the country.”

Calgary-born Carey Du Gray, 45, who has lived in the U.K. since 2009, said he only found out about the new requirement when he was trying to book travel two weeks ago to fly home in October.

“My daughters were born in the U.K., but they are Canadian citizens. They would not be able to travel to Canada using their British passports. What lunacy, eh?” asked Du Gray, a fundraising consultant based in London.

“What followed was a 48-hour scramble to get all of the documentation and photos together. The guidance on the (Canadian) website said they were taking up to 40 business days to process new passport applications on account of the flood of them that are coming in ahead of the policy change.”

Canadian expatriate Sandi Logan, who worked in the Australian immigration department, said the requirement on dual citizens’ travel just doesn’t make sense.

“It’s bad policy on so many fronts. It discriminates against dual citizens of Canada for starters. It discriminates against dual citizens of Canada flying into any Canadian port, as opposed to arriving by sea or land,” said Logan, 59, who was born and raised in Toronto before settling in Australia in 1980.

“From my vast bureaucratic experience in the public service, it has all of the hallmarks of being a simple revenue grab masked as ‘border security,’ with no discernible impact on safe and stronger borders.”

(It currently costs $120 for a five-year Canadian adult passport and $160 for one that lasts for 10 years.)

Wemp said the federal government is doing everything it can to raise awareness among dual Canadian citizens about the importance of travelling using a valid Canadian passport.

A handout has been distributed at airports of entry, along with a media and social-media blitz via Canadian overseas missions since March of this year. Global Affairs Canada officials have also notified registered Canadian citizens abroad of the upcoming change by email and through their websites.

“All Canadian citizens have a Charter-protected right to enter Canada. Canadian law requires that all persons entering Canada carry both proof of citizenship and proof of identity,” said Wemp.

“A Canadian passport is the only reliable and universally accepted travel and identification document available to Canadians for the purpose of international travel. As the government does not want Canadians to face travel-related delays, we strongly encourage all Canadian citizens to travel using a valid Canadian passport.”

Whitby Judge Dismisses Charges After Racial Profiling by Police

Update: see previous posts – July 26, 2016 Lack of Interpreter Leads to Dismissal of Impaired Driving Charge

Courtroom. The officers were called to testify and “vehemently denied the allegations under oath and were unshaken in their denials,” says the statement of claim. They deny assaulting the accused, Randy Maharaj or Neil Singh. photo by fightyourtickets.ca
Ontario Superior Court of Justice. Justice Robert Charney ruled in R. v Ferguson-Cadore and O’Grady, 2016 ONSC 4872 (CanLII) that a Durham Police Officer violated sections 8&9 of the Charter and section 216.1 of the Highway Traffic Act by pulling over a motorist after presuming the passenger was a pimp and the driver was a hooker. Charges stemming from drugs that were found in the car pulled over were dismissed, pursuant to section 24(2) of the Charter as a result of the Charter breaches.

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Drug charges dismissed against young white female driver and her black boyfriend, but woman calls experience depressing and says her boyfriend’s basketball career is ruined.

Pulled over by a Durham Regional Police officer on a September afternoon, her nearly 7-foot-tall boyfriend in the passenger seat, Beverly O’Grady instantly suspected the real reason for the traffic stop.

She wasn’t speeding, she wasn’t driving erratically, there were no road safety concerns that would justify a stop under the Highway Traffic Act — all of which the officer, Const. John MacKinnon, later acknowledged in court.

The reason for the traffic stop, O’Grady believed, was because she has light skin, and her boyfriend — Jeffrey Ferguson-Cadore, a past member of Canada’s national basketball team — is black.

“I knew right away,” said O’Grady, 32, in an exclusive interview Wednesday. “Right away.”

Justice Charney ruled “PC MacKinnon did not have lawful authority to stop the motor vehicle. Accordingly, I conclude that the applicants’ right not to be arbitrarily detained under s. 9 of the Charter was infringed in this case, and the search incident to the unlawful detention and arrest was a violation of Charter s. 8.

In a straight-shooting ruling tossing the drug charges laid against O’Grady and Ferguson-Cadore that resulted from the traffic stop, Ontario Superior Court Justice Robert Charney came to the same conclusion, finding MacKinnon had no legitimate reason to pull the car over and was instead racially profiling the occupants.

“The police officer’s initial suspicions and concerns for the safety of the young white female were based on the fact that she was seen in the company of a black male,” Charney wrote. “There was really nothing more to it than that.”

O’Grady is relieved after Charney’s ruling, but said it doesn’t take away the depressing result of the experience.

“Now, I don’t even feel comfortable driving with a black man in my car. It’s sad,” she said.

In an email Wednesday, Durham Regional Police spokesperson Dave Selby said the service is aware of Charney’s ruling and is reviewing it. MacKinnon could not immediately be reached for comment.

The ruling stems from a September 2014 traffic stop, when MacKinnon was nearing the end of his shift and noticed a silver sedan leaving the parking lot of a Whitby motel.

Formerly with the vice squad, MacKinnon later testified that he knew the motel was frequented by escorts and their pimps, and noted the “young-looking white female” in the front with a black male. He said he was concerned for her safety, believing it was possible she was a prostitute in the company of her pimp.

Durham Regional Police cruiser. Durham Const. James Ebdon, left, was caught on video in 2011 outside a house in Oshawa threatening to beat up Bradley Cox, far right, and plant cocaine on him during a one-sided, expletive-filled confrontation.
PC MacKinnon ran the vehicle’s plate through the PARIS (Police Automated Registration Information System ) system – to see if he could find some legitimate basis to stop the car. Vehicle and driver information has been made available by the Ministry of Transportation to Category I Police Services through the Ancillary Databank to CPIC for investigative purposes only. The owner of the information has the authority to restrict both access and further dissemination. PARIS must not be queried for any level of police record checks.

MacKinnon began following the car and ran the licence plate information, finding the car was registered to a woman born in 1965. He turned the sirens on and pulled over the vehicle.

In his arrest report, the officer provided two reasons for the stop: he was suspicious because the occupants of the car didn’t align with the age of the registered owner, and he had concerns for the young female driver exiting an area known for prostitution.

According to the judge’s version of events, after pulling over the car, MacKinnon asked O’Grady to step out of the car then asked her if she was an escort — and whether he would find her photo in “Backpage,” a website that has ads for escorts.

“I’m like, what? What is Backpage?” O’Grady told the Star Wednesday, recalling MacKinnon’s question. “I was shocked. I was confused.”

The officer asked her why she was coming out of the motel, and she explained that she and her boyfriend — her passenger — were planning a party and were checking out the motel as a place for out-of-town friends to stay. When asked whose car she was driving, O’Grady explained that it belonged to her mother.

According the judge’s summary of facts, MacKinnon commented that he could smell marijuana coming from the car, called for backup, then police searched the vehicle, ultimately finding a digital scale with white residue believed to be cocaine, 10 tabs of Oxycocet, seven grams of powder cocaine, 4.3 grams of crack cocaine and 25.2 grams of marijuana.

Both O’Grady and Ferguson-Cadore were arrested and jointly charged with four counts of possessing controlled substances for the purposes of trafficking.

The couple mounted a charter challenge to exclude the drug evidence found against them, arguing their rights were violated because they were arbitrarily detained and the officer did not have reasonable grounds to suspect that an offence was being committed.

Charney agreed, finding there were “serious” charter violations by police, with significant negative impacts on O’Grady and Ferguson-Cadore. Calling it a “selective” stop, Charney found there was no legitimate reason to stop the car.

The Canadian Charter of Rights and Freedoms, commonly referred to as "the Charter". In this case (R. v. Khandal, 2016 ONCJ 446) the court reviewed section 10(b) of the Charter "10. Everyone has the right on arrest or detention b) to retain and instruct counsel without delay and to be informed of that right" and found a breach serious enough to exlude the breath sample evidence under s.24(2) of the Charter and to dismiss the impaired driving charge.
The Canadian Charter of Rights and Freedoms (aka the “Charter“). The courts have maintained that if the violations of the Charter are serious enough, evidence flowing from the violation is excluded and resulting charges are dismissed. This happens to be one of those cases.

The judge questioned why MacKinnon would have found it suspicious that the driver of the car was likely not the same person registered as the owner, since family members frequently share the same car.

“There is nothing illegal, unusual or suspicious about a driver not matching the description of a registered owner,” Charney wrote.

Charney excluded the drug evidence obtained from the search of the vehicle, and the charges against O’Grady and Ferguson-Cadore were dismissed.

In an email to the Star, Jonathan Pyzer, O’Grady’s lawyer, called the judge’s ruling significant, since court findings of racial profiling are historically rare — “despite our clients reporting them as commonplace.”

“It is also significant that as a white woman, Ms. O’Grady was found to be the victim of racial profiling as part of a biracial couple. It is an important statement that racial profiling very much exists in our society today, whether consciously or subconsciously, and that neither will be tolerated by our Courts.”

O’Grady said the case has negatively affected her boyfriend’s future in basketball. Once a player for professional teams in Japan and Iran, she said the charges against him prevented him from travelling. “This whole case ruined his career,” she said.

Ferguson-Cadore could not be reached for comment Wednesday. His lawyer, Paul Aubin, could also not be reached.