UPDATED 04/01/13 – MORE COMMENTS RECEIVED – Abbotsford Today has learned that the Abbotsford Police Department (APD) is appealing the acquittal of marijuana activist Tim Felger claiming Supreme Court Justice Brian Joyce erred in his interpretation of the Charter of Rights.Felger was acquitted in BC Supreme December 10 of charges brought by the Abbotsford Police Department (APD) for selling marijuana to a minor when the judge threw all of the APD’s evidence out.
Justice Brian Joyce ruled the APD broke the law when they searched Felger’s Da Kine political offices on Essendene Ave in Abbotsford.
Joyce ruled that the police conducted a warrantless search and then obtained a second warrant based on their illegal entry. A great deal was made in the community through publication in the local newspapers of allegations Felger had been selling marijuana to minors.
Felger successfully argued he had ‘Reasonable Expectation of Privacy’ within the meaning of s.8 of the Canadian Charter and Rights in connection with an undercover police officer’s attendances at his place of business.
Felger had posted prominent legal notices on the outside of the premises naming the officers and citing their badge numbers who were not welcome in his premises without a warrant.
Mission RCMP and the District of Mission ran into issues regarding warrantless searches when enforcing their Controlled Substances Bylaw.
The APD served notice on Felger this morning at 9 am that are appealing the judge’s decision. They are asking that the acquittal be set aside and a new trial ordered.
Felger told Abbotsford Today “I am not worried. Ken Beach is my lawyer and we will just take their arguments apart piece by piece. Systematically and deliberately we will prove my case.”
To read a downloadable PDF copy of the Notice of Appeal simply Click Here.