Don Orazietti successfully argued that police breached his client's rights, setting a new precedent around police trespassing on private property, but his client's conviction stands
When Don Orazietti took on the case of a young Algoma district man, facing drinking and driving charges seven years ago, he never anticipated the matter would eventually be decided by the highest court in Canada's judicial system.
Orazietti, along with his law partner Anthony Orazietti, represented McColman throughout various stages of his case. And now seven years after he was charged, his client is without a driver's licence, and "stands to lose his job," the defence lawyer said.There never was that evidence from the officer, "who was adamant that he could trespass," he said.
The police evidence "was reliable and crucial to the Crown's case and impaired driving is a serious offence," the judges determined. Would it have made a difference if the accused was from an upscale Toronto or Ottawa suburb, instead of a young man in his 20s from the back roads of a First Nation, he suggested.
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