A Provincial Court Judge yesterday ruled a police takedown and public strip search of a Baxter man who was legally hunting groundhogs was unconstitutional and illegal.The really alarming thing about this case was the no-brainer it was. The cops had BUPKIS on the guy, nothing but an inquiring phone call. Even the judge says " not a wit of evidence" which is pretty strong. But here we are after three years still screwing around in court, because the OPP closed ranks. The previous charges against the police involved were dropped by the Crown in a lovely piece of chicanery. I guess we shall see if this judgement gives Mr. Logan any traction in his pursuit of justice against these creeps.
The ruling came almost three years after Jonathan Login, 32, found himself face-down in the driveway of his rural home in Baxter, Ont., surrounded by a team of OPP and military officers with high-powered weapons trained on his head.
Next thing he knew, his pants were down around his knees while a gloved officer performed an anal cavity search as his weeping wife and children hugged and kneeled on the ground in terror, and neighbours looked on.
“The arrest was unlawful and unconstitutional,” Justice Jon-Jo Douglas said as lawyers and Login stood before him. “The police had not a wit of evidence to suggest he was operating a firearm dangerously.
I'm not holding my breath.