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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.

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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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‘Business as usual’ for Dorel Industries after terminating go-private deal

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MONTREAL — Dorel Industries Inc. says it will continue to pursue its business strategy going forward after terminating an agreement to go private after discussions with shareholders.

« Moving ahead. Business as usual, » a spokesman for the company said in an email on Monday.

A group led by Cerberus Capital Management had previously agreed to buy outstanding shares of Dorel for $16 apiece, except for shares owned by the family that controls the company’s multiple-voting shares.

But Dorel chief executive Martin Schwartz said the Montreal-based maker of car seats, strollers, bicycles and home furniture pulled the plug on a deal on the eve of Tuesday’s special meeting after reviewing votes from shareholders.

“Independent shareholders have clearly expressed their confidence in Dorel’s future and the greater potential for Dorel as a public entity, » he said in a news release.

Dorel’s board of directors, with Martin Schwartz, Alan Schwartz, Jeffrey Schwartz and Jeff Segel recused, unanimously approved the deal’s termination upon the recommendation of a special committee.

The transaction required approval by two-thirds of the votes cast, and more than 50 per cent of the votes cast by non-family shareholders.

Schwartz said enhancing shareholder value remains a top priority while it stays focused on growing its brands, which include Schwinn and Mongoose bikes, Safety 1st-brand car seats and DHP Furniture.

Dorel said the move to end the go-private deal was mutual, despite the funds’ increased purchase price offer earlier this year.

It said there is no break fee applicable in this case.

Montreal-based investment firm Letko, Brosseau & Associates Inc. and San Diego’s Brandes Investment Partners LP, which together control more than 19 per cent of Dorel’s outstanding class B subordinate shares voiced their opposition to the amended offer, which was increased from the initial Nov. 2 offer of $14.50 per share.

« We believe that several minority shareholders shared our opinion, » said Letko vice-president Stephane Lebrun, during a phone interview.

« We are confident of the long-term potential of the company and we have confidence in the managers in place.”

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Anglais

Pandemic funds helping Montreal businesses build for a better tomorrow

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Many entrepreneurs have had to tap into government loans during the pandemic, at first just to survive, but now some are using the money to better prepare their businesses for the post-COVID future.

One of those businesses is Del Friscos, a popular family restaurant in Dollard-des-Ormeaux that, like many Montreal-area restaurants, has had to adapt from a sit-down establishment to one that takes orders online for takeout or delivery.

“It was hard going from totally in-house seating,” said Del Friscos co-owner Terry Konstas. “We didn’t have an in-house delivery system, which we quickly added. There were so many of our employees that were laid off that wanted to work so we adapted to a delivery system and added platforms like Uber and DoorDash.”

Helping them through the transition were emergency grants and low-interest loans from the federal and provincial governments, some of which are directly administered by PME MTL, a non-profit business-development organization established to assist the island’s small and medium-sized businesses.

Konstas said he had never even heard of PME MTL until a customer told him about them and when he got in touch, he discovered there were many government programs available to help his business get through the downturn and build for the future. “They’ve been very helpful right from day one,” said Konstas.

“We used some of the funds to catch up on our suppliers and our rents, the part that wasn’t covered from the federal side, and we used some of it for our new virtual concepts,” he said, referring to a virtual kitchen model which the restaurant has since adopted.

The virtual kitchen lets them create completely different menu items from the casual American Italian dishes that Del Friscos is known for and market them under different restaurant brand names. Under the Prasinó Soup & Salad banner, they sell healthy Greek options and their Stallone’s Sub Shop brand offers hearty sandwiches, yet the food from both is created in the same Del Friscos kitchen.

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Downtown Montreal office, retail vacancies continue to rise

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Some of downtown Montreal’s key economic indicators are heading in the wrong direction.

Office and retail vacancies in the city’s central core continued to climb in the fourth quarter of 2020, according to a quarterly report released Thursday by the Urban Development Institute of Quebec and the Montréal Centre-Ville merchants association. The report, whose first edition was published in October, aims to paint a socio-economic picture of the downtown area.

The survey also found office space available for sublet had increased during the fourth quarter, which may foreshadow even more vacancies when leases expire. On the residential front, condo sales fell as new listings soared — a sign that the downtown area may be losing some of its appeal to homeowners.

“It’s impossible not to be preoccupied by the rapid increase in office vacancies,” Jean-Marc Fournier, the former Quebec politician who now heads the UDI, said Thursday in an interview.

Still, with COVID-19 vaccinations set to accelerate in the coming months, “the economic picture is bound to improve,” he said. “People will start returning downtown. It’s much too early to say the office market is going to disappear.”

Public health measures implemented since the start of the pandemic almost a year ago — such as caps on office capacity — have deprived downtown Montreal of more than 500,000 workers and students. A mere 4,163 university and CEGEP students attended in-person classes in the second quarter, the most recent period for which figures are available. Border closures and travel restrictions have also brought tourism to a standstill, hurting hotels and thousands of local businesses.

Seventy per cent of downtown workers carried out their professional activities at home more than three days a week during the fourth quarter, the report said, citing an online survey of 1,000 Montreal-area residents conducted last month.

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