Halifax man to be retried for drug trafficking
Last Updated: Friday, November 6, 2009 | 2:37 PM AT
CBC News
Nova Scotia's highest court has ordered a Halifax man to stand trial for a second time on one charge of possessing cocaine for the purpose of trafficking, overturning a lower court's finding that a search of his luggage violated his Charter rights.
In a decision released Friday, the Nova Scotia Court of Appeal ruled that Mandeep Singh Chehil should stand trial after RCMP officers discovered three kilograms of cocaine in his luggage when he arrived at the Halifax Stanfield International Airport from Vancouver on Nov. 16, 2005.
At Chehil's first trial, Nova Scotia Supreme Court Justice Simon MacDonald threw out the drug evidence gathered by the RCMP, ruling that their search had violated Chehil's right to be free from unreasonable search and seizure under the Canadian Charter of Rights and Freedoms. The judge then acquitted Chehil on the charge.
MacDonald ruled that there was a "cozy" relationship between the Halifax Westjet office and the RCMP because police were allowed to review their passenger manifests without a warrant.
The appeal court found that Chehil's rights were not violated.
No expectation of privacy
"I would find that the judge erred in concluding that the RCMP's viewing of the WestJet information violated Mr. Chehil's charter right. The ticketing information did not reveal intimate details of his lifestyle or personal choices and was not specific and meaningful information intended to be private and concealed," Justice Nancy Bateman wrote for the three-judge panel.
"I am not satisfied that he had a reasonable expectation of privacy in the information."
The court also found that the exclusion of of "highly relevant and reliable evidence may undermine public confidence in the administration of justice."
On Nov. 16, 2005, two members of the RCMP's Operation Jetway were at the airport when Chehil's flight came in from Vancouver, the appeal court decision said. The officers knew that drug couriers often travel from Vancouver on discount carriers such as WestJet and use overnight flights.
As a result, the officers asked WestJet administrative staff for permission to view the passenger list for the flight. The officers were looking for people who were travelling alone, had bought a one-way ticket with cash shortly before departure and had only checked one bag.
The officers identified Chehil as the last passenger to get a ticket for the flight, and WestJet provided them with his baggage ticket number. When the flight arrived, Chehil's bag was put in a secure area along with nine others and a sniffer-dog found drugs only in Chehil's bag.
Chehil's bag was placed back on the luggage carousel, and he was arrested when he retrieved it. Police then opened the bag and found the cocaine.
