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Legal Brief

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Ella F

 

Date added:

December 27, 2015

 

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No. 5963 (QL) Court of Appeal for Ontario, [1999] O.J. No. 5585 (QL) ---FACTUAL BACKGROUND--- On January 18, 1997 officers from the Toronto Police Force set up an observation post in an unoccupied building across from a Subway sandwich shop (approximately 70 feet away) in an effort to detect illegal drug activity in an area where trafficking was known to occur...
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Constable Theriault, observed a the accused (a black male) in the shop. The Constable testified that he had a clear view into the shop and saw two transactions in which persons entered the shop and received a substance from the accused. After the second transaction, Constable Theriault communicated with the four other police officers involved in the operation who were not stationed at the observation post: the "take-down" members of the team...
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