Courthouse: Ontario Court of Justice Milton
Counsel: Jordan Peach
Date of Judgment: January 15, 2025
Background
Mr. G. became a suspect in the break and enter after he was arrested in one of two pickup trucks that was captured on camera at the scene of the break and enter – an F150 and a Silverado. The F150 was seen with two suspects seen getting in and out of the vehicle. Minutes later, the F150 was captured in the parking lot of a nearby business meeting up with the Silverado. The driver of the Silverado grabbed a bag from the F150 and the two vehicles parted ways.
The Issue
Mr. G was arrested in the Silverado the following day and became the main suspect in the break and enter. Police found a phone number that was previously associated with Mr. G and obtained a Production Order for the tracking data of that cell phone. Police subsequently obtained a warrant for Mr. G’s arrest.
The Strategy
Counsel closely scrutinized the disclosure, with particular attention to the results of the Production Order and was able to identify errors in the police narrative. Police indicated that 1) the phone location was within a two-km radius of the scene before the break and enter occurred, 2) the location of the phone during the incident was unknown, and 3) the location of the phone after the incident was in close proximity to the parking lot where the Silverado and F150 were observed. Not only was the Silverado that Mr. G was arrested in the following day not at the scene of the break and enter, but the location of Mr. G’s phone at the time of the offence was at least a 10 to 12 minute drive away.
Result
With this information, counsel conducted a CPT (Crown Pre-Trial) where she was able to convince the Crown that there was no reasonable prospect of conviction and the charges were withdrawn.