Search Warrant and Arrest of Charles Leblanc

Search Warrant

The issuance and execution of a search warrant in these circumstances seems a heavy-handed - and expensive - use of public resources.

The search warrant itself seems weak.  It is based on a single section of the Criminal Code of Canada that is invalid because it is an infringement of our guarantee of free speech under the Canadian Charter of Rights and Freedoms.

It is based on a single alleged defamation.  All of the case law on defamatory libel under the Criminal Code involves much more serious and damaging defamatory statements.

It is the latest salvo in a long running personal antagonism between Charles Leblanc and the police officer in question.  Taxpayers, and anyone concerned about civil liberties, might well ask what form of police oversight has been involved in initiating a police action against a citizen on the side of a personal dispute?  The  Canadian Civil Liberties Association asked in its letter of :

"What type of independent oversight is available when police officers are involved as complainants in a criminal matter? What are the Fredericton Police Force's procedures for investigating and laying charges with respect to defamatory libel under the Criminal Code?"

Mayor Brad Woodside, who as part of City Council has oversight of the city police force, has stated he had nothing to do with it, but that the crown prosecutor approved the search warrant before it was issued.  In its February 7 issue, the Daily Gleaner quoted the Mayor as stating:

"In this case, a charge is presented to the Crown and the Crown will then look at whatever evidence is there and then decide whether or not the case will go forward ... There was a search warrant sought from the Crown. The Crown then had to approve the search warrant, then present it back to the police with the approval and then present it to a judge, so there were two sets of eyes (reviewing it). That process was followed,"

 This appears to contradict the January 21 Daily Gleaner report that:

Local Crown prosecutors Hilary Drain and Darlene Blunston said they have yet to review the police file in the LeBlanc libel investigation.

It appears that the Fredericton Police Force is pursuing a complaint of its own member without any oversight at all.

Promise to Appear

Defamatory libel necessarily involves a public statement, so what will a search of the private files on his computer yield?  Charles Leblanc's public statements are readily accessible.

 Observers of the Fredericton Police Force are very eager to learn why it was necessary to arrest Charles and hold him for six hours.  If it is the normal procedure, it seems intimidating if it serves no valid purpose.

Once they have you though, they are in a pretty good position to make you sign just about anything so you can hurry home and take your medication.  Then they can arrest you for the next several months for breaching any of those conditions

It is a mystery why the Fredericton Police Force will not be able to let Charles know where he stands for another few months, for an incident that took place last summer.

 Undertaking

Charles is in the soup now.  He'll have to hire a lawyer just to find out what he can and cannot do for the next three months while nameless individuals secretly figure out how much they want to continue the torment, all of course at taxpayer expense.  Is this a pressing priority for Fredericton?