Analysis: R v. Harrison Case

The Ontario Provincial Police serve the province of Ontario in many functions, including the safety of traffic (Ontario Provincial Police , 2009). The safety of traffic is essential for a secure society; however when a law enforcement member deviates from legislated policing practices causing an unjustified accusation of a civilian, are the people of the Province of Ontario any safer? This issue can be examined in the case of R. v. Harrison, as Constable Bertoncello of the Ontario Provincial Police conducted a traffic stop of Bradley Harrison, which was not justified. Harrison was pulled over for only having a rear licence plate, however the vehicle was registered in the province of Alberta, making this vehicle legal (R. v. Harrison, 2009). The police officer justified his actions to the Supreme Court of Canada by insisting on the importance of upholding police integrity in the public mind, and this regular traffic stop resulted in a search and seizure of cocaine and a charge of driving with a suspended licence. (R. v. Harrison, 2009).This was not sufficient reasoning for Bertoncello’s actions according to the ruling of the Supreme Court of Canada. An examination of the evidence presented before the Supreme Court of Canada in the case of R. v. Harrison, including the Canadian Charter of Rights and Freedoms violations, precedent cases, and investigative police procedures along with legal proceedings will rationalize the ruling of the court for excluding narcotic paraphernalia for trafficking indictment.

Charter Violations:

Certain rights for every member of Canadian society were violated against Bradley Harrison by Constable Bertoncello. Section 24(2) in the Charter of Rights and Freedoms outline bringing the administration of j...

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Ontario Provincial Police . (2009). Provincial Traffic Safety Program. Retrieved from Ontario Provincial Police: http://www.opp.ca/ecms/index.php?id=51

SooToday.com. (2007, May 15). Constable Bryan Bertoncello Honoured by Ontario Provincial Police. Ontario, Canada: SooToday.com . Retrieved November 18, 2013, from http://www.sootoday.com/content/news/full_story.asp?StoryNumber=24666