Colby Cosh

Maclean’s man in Edmonton writes about everything. Follow Colby on Twitter: @colbycosh

Categories: Colby Cosh

Not so much a whodunit as a WTF

by Colby Cosh on Wednesday, March 10, 2010 12:29pm - 105 Comments

Anyone else think the Star‘s buried revelation about Rahim Jaffer’s criminal case only makes things more confusing?

A rookie Ontario Provincial Police officer failed to follow proper procedures during a strip search of Jaffer, 38, causing the Crown to conclude the case would be open to a Charter challenge, the Star has learned. While the OPP opposed Jaffer only being charged with careless driving, the Crown took a steadfast position, sources say.

If they found cocaine in Jaffer’s possession before conducting the strip search, failing to follow proper procedure wouldn’t impeach that evidence (and it is hard to see how it could impinge upon the impaired-driving charge at all). Under Charter guarantees, the lawyers tell me, you can use fruit gathered from the “evidentiary tree” up until the point at which it becomes “poisoned”. But if the cops strip-searched him before they knew he might be carrying cocaine, why the hell did they do it (and do it carelessly)? Cops are only supposed to conduct strip-searches to protect their own safety or to prevent the destruction of evidence related to the reason for the original arrest.

I’m struggling to arrive at an alternative explanation other than “Some ‘rookie’ cop overstepped his authority and used a strip-search as an instrument of intimidation”, but I’m open to suggestions.

Tags: Charter of Rights and Freedoms, cocaine, drug law, ontario provincial police, Rahim Jaffer, Section 8, strip search, toronto star, unreasonable search and seizure, war on drugs

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Lizz

If the cocaine and alcohol charges would not stand up in court, why was it necessary to offer a plea bargain? Just asking.

Gayle

Probably because both parties decided a plea bargain was better than taking their chances in court.

tim t.

all it took was a call, a political favor, that is all…
mike EEE

I would like the Sex Pistols band to create and sing a song about Jaffer and his wife, and their pompous hypocritical little lives. And how they get to shove this crap down everyones throats while the authorities stand about like molested choir boys unable to do a bloody thing.
bruce

>open to suggestions

I suggest the cop and/or judge was bribed. Obviously. I don't know if Canadian law is bought enough to lean on you if you don't delete this post.
http://intensedebate.com/people/deporkinheimer deporkinheimer

gotta say…i'd love to know if this arrangement has ever worked for someone un-connected…i doubt it.
I voted for these guys…I'm disgusted …with myself
Chris

I think the most plausible scenario here is that given a suspicion of drugs the police subjected Jaffer to a strip search without what is deemed sufficient legal grounds to do so. In their haste to pursue the drug search they failed to conduct either the roadside demand immediately, thereby requiring Jaffer to be given an opporunity to consult a lawyer. If they failed to do so then the roadside demand becomes illigitimate and they likely don't have sufficient cause to do the actual breath analysis. This would explain both the drug and dui charges getting thrown. Naturally this sort of thing doesn't happen often, but it does happen.

Mike T.

I don't find that the most plausible explanation. Not by a long shot.

Dick Richards

Vic Toews and Rahim Jaffer are definitely cut from the same cloth

Blast from Vic Toews past:

But the 55-year-old Toews' public face of self-righteous morality is now clashing with his troubled private life. An MP dubbed the "minister of family values" by Liberals is embroiled in a messy divorce after fathering a child last fall with a much younger woman. -Don Martin, Calgary Herald

Rahim Jaffer's radio ad in the last general election:

"Edmontonians understand how difficult it is to make sure our children make the right choices, especially on serious issues like drug use. The Conservative Party supports drug-free schools and getting tough with drug dealers who sell illegal drugs to children. Don't let our schools go up in smoke. On Oct. 14, vote Conservative."
pete

let's see what happens to Michael Bryant, and remember what we all said today
http://intensedebate.com/people/Jack_Mitchell Jack Mitchell

Out of curiosity, and as another question-at-large for the lawyers and reporters: who has authority over the Assistant Crown Attorney in this case? That is, if there really was a conspiracy to get Jaffer off the hook, related in some way to Guergis' family's political clout in the area, what would have been the actual mechanism of influence?
http://intensedebate.com/people/isanyonehonest isanyonehonest

WTF indeed! Just another example of the priveleges that come with power. Tax-free portions of salary, special treatment at airports, and now freedom for DUI and concaine possession. Sure those Tories want to to "get tough on criminals" unless of course it's one of their own. Perhaps this was all negotiated while our PM was at the Olympics clapping his hands with the Premier of BC, like a couple of schoolgirls at a Jonas Brothers concert.
greyburr

I suspect Jaffer told the OPP he was from Caledonia and Fantino panicked.By all appearances the Ontario political and judicial system is visabily corrupt..
http://intensedebate.com/people/VinceClortho VinceClortho

1) The cocaine bugs the hell out of me, that it is anywhere near the cabinet table is major major problem.

2) Who cares if the judge was a tory, it was a provincial (Liberal's are in charge) crown that wouldnt take it past what was ruled on. You think the judge issued the ruling from nothing? It came from a crown reccomendation, as is usual.

So unless there was a favour done by the Provincial Liberals there legally isnt anything else here. Now where he got the coke, and what did his wife know and has he been through rehab and just wtf is going on in the Guergis/Jaffer household as it relates to illegal pharma is another story all together.