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Man beats fentanyl trafficking charge due to charter violation. Here’s the video of the dog sniffing the car

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A B.C. Justice recently threw out the case against a man charged with trafficking 27,500 fentanyl pills.

In a decision published in January, he said it wasn’t clear if the dog sat or not.

And new video, obtained exclusively by Global News, shows the entirety of the traffic stop, including the moment the dog investigates the vehicle.  

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READ MORE: Did the drug-sniffing dog sit or not? Debate leads to man’s acquittal in B.C. fentanyl bust

Here’s why the extent of the dog’s sit matters: If the dog properly sat down, it would have indicated the dog was “in odour,” meaning it had found drugs.

But in the case of Sandor Rigo, who was stopped on a Chilliwack highway in April 2017, the dog, named PSD Doods, was unable to sit down all the way. The police officer who made the stop said this was because a curb was in the way.

An officer who stopped Rigo – only identified by the Justice’s decision as Corporal Catellier – said he believed the dog was in odour and had the car towed so it could be thoroughly searched. Police say over 27,000 fentanyl pills were found in the wheel well.

The dash-camera video from the RCMP vehicle, obtained by Global News, offers a partial view of what happened.

The video shows the officer pulling over Rigo, who was driving a Dodge Caravan. The officer can be heard asking Rigo where he was going and why he appeared to be shaking. Rigo answered that he was picking up used tires from a friend and he was shaking due to hypoglycemia, a condition which requires people to eat frequently to keep their blood-sugar levels stable.

Rigo was then asked to exit his van and sit in the RCMP vehicle. That’s when Cpl. Catellier brought PSD Doods to sniff the outside of the van.

RCMP PDS Doods sniffs Sandor Rigo’s van.

HO / RCMP dashcam video of traffic stop

The dog can be seen sniffing the outside of the driver’s side of the van. She is then directed to the passenger side of the van, which is out of view of the dash camera, and next to a high concrete curb.

On the video, the moment in question can be heard, but only partially seen. The officer repeatedly says, “Good girl,” to PSD Doods, as she is seen at the side of the car. .

A partially obstructed view of PSD Doods sniffing Sandor Rigo’s vehicle.

Court Handout

An expert witness in court said the dog wasn’t showing other signs of being in odour — which normally includes wagging her tail.


READ MORE:
Vancouver Island police seize huge trove of guns, explosives, homemade silencers

But the officer testified at the time that she displayed the other signs when she was out of sight of the video.

In his decision, which was made public in January 2018, Justice Michael Brundrett said since the dog was only shown in a “partial form of ‘alert,’” there wasn’t reasonable grounds to search the vehicle.

Brundrett said Rigo’s charter rights were violated, specifically articles 8 and 10(b), which pertain to the right to be secure against detainment, search and seizure, and the right to a lawyer.

Because of this, all evidence collected after the charter breach had to be thrown out.

Criminal lawyer Dino Bottos said even if the officer is proven correct because drugs were found in the car after the fact, in cases like these the public has to remember that “the ends do not justify the means.”

He said the judge has to maintain impartiality.

When a judge excludes evidence obtained during an unlawful search and seizure, he or she is doing so not to favour a particular accused, but rather to uphold what is written into our Constitution,” he explained. 

Anything obtained after the charter violation – in this case that would be the physical drugs as well what appears to be a video of Rigo’s confession – is “considered fruit from the poisonedtree.”

“If we’re serious about protecting rights and freedoms, that means that we need to exercise control over police state actions,” Bottos explained. “Which means in this case, when there is a breach of a right, then the only reasonable remedy is to exclude the evidence found as a result of that breach.”

Almost a dozen Canadians died every day from opioid overdoses last year. Since 2016, more than 8,000 have lost their lives, primarily to fentanyl. In British Columbia, the problem has become so bad that life expectancy has dropped for the first time in decades.

WATCH: Global News investigation into the deadly fentanyl trade in Canada






The amounts traffickers are bringing in are believed to be so vast that investigators suspect their money laundering has disrupted the Vancouver-area housing market. It has also put a spotlight on casinos. But when police seize their illicit cash, traffickers often just walk away, seemingly unfazed.

Brundrett said in his decision that it was a serious case, because of the “evils” of fentanyl trafficking, but the integrity of the justice system had to be taken into account.

*With files from Sam Cooper 

© 2019 Global News, a division of Corus Entertainment Inc.



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A stunning Water Lantern Festival is coming to Montreal

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What might just be the most magical night ever is coming up for Montreal this year.

The Water Lantern Festival has announced that it will be gracing Mississauga with thousands of floating lanterns later this year, as part of a celebration that spans the entire world.

According to the festival’s official website, the event is a celebration of life with proceeds going towards charities and non-profit organizations within the area.

“Water Lantern Festival brings together individuals from all ages, backgrounds, and walks of life to join in one emotional and memorable night. At the Water Lantern Festival, we cherish these moments and will do our best to help you have a memorable experience that you’ll never forget as you witness the beauty of thousands of lanterns reflecting upon the water,” the website states.

The festival takes place throughout multiple cities around the world, with the Canadian cities of Quebec, Regina, Vancouver, Hamilton, Calgary, Ottawa, Mississauga, and, of course, Montreal taking part.

For the Calgary event, a date has been confirmed and tickets are already rolling out. Montreal shan’t be far behind, and you can click the Notify Me tab on the event’s site to be kept in the loop.

Expect an evening filled with food trucks, music, lantern designing and finally, a magical launch of the lanterns into the water as the sun goes down.

For our pals over in Calgary, their event includes a floating lantern, a commemorative drawstring bag, a marker, and a wristband. Expect something similar, if not the same, when more details float through about Montreal’s event.

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Anglais

Euthanasia order on hold for Montreal dog that attacked children

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A pit bull dog that attacked four children and two adults in August 2018 in Montreal North will not be euthanized in the immediate future.

The euthanasia order has been temporarily suspended pending the appeal of a Quebec Superior Court decision.

On Tuesday, Judge Lukasz Granosik rejected a request to halt the euthanasia order issued by the Montreal North borough, which declared the animal a “dangerous dog.”

The City of Montreal has not changed its mind. This is only a delay before it proceeds with euthanizing the dog, a source told the Canadian Press.

Shotta, the one-year-old dog, was in the care of its owner’s acquaintance in August 2018. The dog attacked four children and two adults, causing serious injuries in separate incidents on the same day.

After the attacks, the dog was taken from the home and entrusted to the SPCA.

WATCH: Dog found dead in Angrignon Park

The Road to Home Rescue Support, an American shelter, asked the court if it could take in the dog. Christa Frineau, the dog’s owner, had also asked that Shotta not be euthanized.

Granosik refused to grant the request.

—With files from Global’s Kalina Laframboise

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Anglais

9 Things To Do In Montreal This Friday, Saturday & Sunday

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Today’s sunny skies have me itching to make weekend plans. I absolutely cannot wait to make the most of this warmer weather. This might be the time to inflate my bike tires and dust off my running shoes…

Whether you want to brush up on your cooking skills, let loose, or fill your stomach with amazing food, there’s an event out there for you. Read on for 9 fun things you can do with friends or a fling this weekend.

TL;DR Read on for 9 fun things you can do in Montreal this weekend.

Let Yourself Go At Dress Up

Where: 185 Avenue Van Horne, Montréal.

When: Friday, March 29, 9:00 p.m.

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