Ottawa (Press Release – Connolly Obagi LLP) – An Ontario Superior Court Judge has ordered the RCMP to pay an Ottawa entrepreneur $100,000 for wilfully breaching his Charter rights when they raided his home and warehouse, putting him out of business.
The Honourable Mr. Justice Power released his decision today after a four week trial in Ottawa. Justice Power found that Corporal Louis Noreau of the Ottawa RCMP detachment violated Andre Lahaie’s protection against unreasonable search and seizure, guaranteed by section 8 of the Charter. Justice Power further found that Corporal Noreau’s conduct was both “encouraged” and “condoned” by his superiors at RCMP headquarters.
In November of 1998, the RCMP raided Andre Lahaie’s business and home on Rochester Street in Ottawa and seized his company’s entire stock of US satellite equipment. Justice Power found that the RCMP and Corporal Noreau acted in bad faith and misled a justice of the peace to secure a search warrant.
Justice Power found that the RCMP should have proceeded with “caution and restraint” given the uncertainty of the law in November of 1998 surrounding the sale and distribution of US satellite equipment. Instead, the RCMP ignored judicial decisions across Canada in favour of its own interpretation of the Radiocommunications Act.
Justice Power also found that the RCMP’s “conduct lack(ed) not only good faith but was, indeed, malicious” and motivated by a desire to cause maximum embarrassment to (Andre Lahaie) including an attempt to put (him) out of business.”
In Justice Power’s opinion, the award of $100,000.00, made under section 24(1) of the Charter of Rights and Freedoms, was “appropriate and just in the circumstances…given the wilfulness and significance of (the RCMP’s) conduct.”
Just wait for the appeal before uncorking the champagne. My tax dollars at work. I knew I should of gotten one the black market systems and not paid for legit service. I could have saved a bundle. The savings could have gone toward the huge settlement. Why so small anyway when the govt is picking up the tab? Extenuating circumstances perhaps?
Wonder what the legal opinion they got from the Dept of Justice before proceeding said? Bet you won’t hear that because it falls under “lawyer client privilege”. Seems their ass is covered at least.
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What 100,000 dollars worth when you’ve been treated this way? Can he buy his life back? Ya can’t even buy 1/2 a house with that kind of justice never mind setting up a business and putting your name back in order…
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