The Downtown Eastside is one of Vancouver's most troubled neighbourhoods but people there have the same rights as Canadians elsewhere, a judge has reminded police. (Darryl Dick/Canadian Press)

A B.C. provincial court judge has thrown out charges of drug possession against a Vancouver man and criticized police for violating the rights of people in the city's Downtown Eastside.

The case involved Kenneth James Stuart, who in October 2009 was detained and searched by two Vancouver police officers who found drugs on him.

'The law is applied differently in the Downtown Eastside.'—Defence lawyer Douglas King

The lawyer for Stuart challenged the evidence on the grounds that his constitutional rights were violated because he was denied access to legal counsel when he requested it.

In a January ruling made public Tuesday, Judge Greg Rideout agreed that Stuart's rights were breached. The judge dismissed the case and also called attention to the actions of the police officers who made the arrest.

"There should be no special rules for the Downtown Eastside," Rideout said in his judgment.

"Maintaining order in the Downtown Eastside requires evolving police investigation tactics, but it does not absolve the police from requiring that they maintain their role in protecting individual Charter rights."

The judge also suggested it was not the first time that a suspect's rights to a lawyer were ignored in the troubled neighbourhood, saying it was "a systemic concern."

Lawyers often complained

"I note in this particular case that it was the practice of the police to hold off on providing telephone contact by an accused when he or she asserts his or her right to counsel," Rideout wrote.

A spokesman for the Pivot Legal Society said lawyers defending area residents have often argued that police treat their clients unfairly.

"The law is applied differently in the Downtown Eastside," said lawyer Douglas King.

"What's best about [Judge Rideout's] ruling is that the law shouldn't be different. Maybe the police should act differently."

The judge said he hoped his comments would be brought to the attention of appropriate police authorities.

The Vancouver Police Department has not yet commented on the case.