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Regina v. X.P. (2018)

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Charge of Possession of Prohibited Weapon withdrawn. The client was fishing when the OPP stopped his boat for a routine check for fishing quotas. During a search of the boat a taser device was seized and X.P. was charged. Joseph Neuberger was retained as the defence lawyer. After reviewing the notes of the officers Joseph Neuberger conducted a pre-trial and advised the Crown of a violation of X.P.’s Charter right to be free from an unreasonable search. The client was obligated to sumbit to his boat being boarded by police for the fishing quota compliance but as this was compelled by Provincial law, anything beyond a search for fish was unlawful. As a result X.P.’s rights were violated. The taser was forfeited and the charge was accordingly withdrawn.

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