Drug search violated Yukon jail guard's charter rights, judge rules
Managers at the Whitehorse Correctional Centre violated a former jail guard's rights when they searched him at work and found Ritalin in his pocket and marijuana in his car, a Yukon judge ruled this week.
Michael Gaber, the former guard, is facing two counts of possession for the purpose of trafficking, following his arrest in December 2013. His trial is scheduled for November.
In a ruling released Aug. 25, Yukon Supreme Court Chief Justice Ron Veale ruled Gaber was unlawfully searched and detained after the Ritalin was found on him.
Veale said jail policies allowing searches of vehicles in the parking are not covered under the Yukon's Corrections Act.
The judge also ruled managers never explicitly told Gaber he was being detained and therefore had a right to contact a lawyer.
"A reasonable person in Mr. Gaber‟s position would have concluded that he had no choice but to stay where he was," Veale wrote.
Gaber's defence lawyer, David Tarnow, argued the drugs should be excluded from evidence.
Veale ruled he will allow the Ritalin to be used as evidence but not the marijuana, saying the drug evidence is "reliable and critical" to the Crown's case.
"In my view a reasonable person informed of the relevant circumstances and the values underlying the charter would conclude that the exclusion of the Ritalin would more negatively impact the administration of justice than its inclusion," Veale wrote.
