Judge blasts Ottawa police for ‘wilful’ Charter breaches in collapsed gun and drug case, prompting calls for accountability and officer oversight.
Trial Collapses After Shocking Charter Breaches
An Ottawa judge has delivered a blistering rebuke of two city police officers whose deception and misconduct led to the collapse of a major firearms and drug case. In a decision released in May 2025, Ontario Court Justice Mitch Hoffman ruled that Constables Anthony Kiwan and Ali Sabeeh had violated a man’s constitutional rights in a manner so egregious that all evidence against him had to be excluded, leaving the Crown no choice but to withdraw more than two dozen charges.
Nighttime Arrest Sparks Judicial Backlash
The case stemmed from a March 2023 incident, when the officers spotted a man asleep in a running vehicle outside a fast food restaurant at a shopping plaza near Merivale and Baseline roads. Inside the car, they discovered a loaded prohibited Glock, over-capacity magazines, and significant amounts of illegal drugs. Videos on the man’s phone also showed him posing with multiple firearms and large amounts of cash. Despite the gravity of the findings, the court later ruled that the evidence was inadmissible due to how it was obtained.
Officers Fabricated Impaired Driving Probe
Justice Hoffman found that the officers knowingly staged a false impaired driving investigation as a pretext to search the vehicle, even after identifying the man and realizing he was not impaired. Rather than disclose the real reason for detaining him—a firearms investigation—they misled him and later lied under oath in court. Hoffman called the conduct “planned, audacious, contemptuous and abhorrent,” and described the breaches as “flagrant, shocking and brazen.”
Evidence Excluded, Charges Dropped
Because of these Charter violations, the court excluded all evidence recovered from the vehicle. This included the firearm, drugs, and phone content. The ruling effectively ended the prosecution, and the man was acquitted of all charges. Defence lawyer Mark Ertel praised the court’s courage, noting that such strong judicial condemnation of police deception is rare, particularly when firearms are involved.
Systemic Accountability Called Into Question
Ertel emphasized that there is no mechanism within the Ottawa Police Service (OPS) to monitor Charter breaches or follow up with offending officers. Union president Matthew Cox confirmed the absence of any internal system to track or respond to judicial findings of misconduct. He acknowledged that officers are often unaware of how their testimony holds up in court and supported the idea of establishing a liaison between police and the Crown to address such issues.
Reforms Urged, But Institutional Silence Prevails
Despite the gravity of the findings, the OPS has not responded to media inquiries regarding this or a similar case reported in January, where another officer was found to have lied under oath. While Cox supports improved training and oversight, he noted that many Charter breaches stem from inexperience rather than malicious intent. Nonetheless, advocates say a system to retrain or discipline officers is essential to maintaining public trust and safeguarding the integrity of Canada’s justice system.
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