The Queen v. S.(B.) 2020
The client was charged with two counts of uttering death threats after a young man and his father complained to the police in Port Coquitlam that the client and his “business partner” had left threatening voicemails for them over a drug debt that allegedly had been owed by the young man. The police had arrested the client in Vernon but the charges were brought in the Lower Mainland. In the weeks prior to the trial, Mr. van der Walle filed his Notice of Constitutional argument alleging that the arresting police officers had illegally arrested the client and also illegally strip searched the client upon arriving at the detachment after the arrest. In the days prior to trial the Crown prosecutor, much to his credit, terminated the prosecution by entering a stay of proceedings. Not guilty of all charges. No trial necessary.
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