A Barrie judge has acquitted Michael Evaristo of charges including possession of a loaded firearm and drugs, ruling that police committed serious violations of his Charter rights during a traffic stop in April 2022.
Traffic stop leads to discovery of gun and drugs
The incident occurred in downtown Barrie when police stopped Evaristo for an alleged traffic violation. During the stop, officers searched the vehicle and found a loaded handgun and a quantity of illicit drugs. Evaristo was subsequently charged with multiple offences, including possession of a loaded prohibited firearm and possession of drugs for the purpose of trafficking.
However, the defence argued that the search was unlawful and that police had breached Evaristo's rights under the Canadian Charter of Rights and Freedoms, specifically Section 8 (unreasonable search and seizure) and Section 9 (arbitrary detention).
Judge finds 'serious' Charter breaches
In his ruling, Justice Robert C. Smith of the Ontario Superior Court of Justice agreed with the defence, stating that the police did not have reasonable grounds to stop Evaristo or to search his vehicle. The judge described the breaches as 'serious' and said they undermined the integrity of the justice system.
'The police conduct in this case was a clear violation of Mr. Evaristo's Charter rights,' Justice Smith wrote in his decision. 'To allow the evidence obtained from this unlawful search would bring the administration of justice into disrepute.'
Impact of the ruling
As a result, the judge excluded the evidence of the gun and drugs, leading to an acquittal on all charges. The Crown has not indicated whether it will appeal the decision.
Legal experts say the case underscores the importance of police adhering to Charter requirements during traffic stops. 'This ruling sends a strong message that police cannot cut corners when it comes to constitutional rights,' said criminal defence lawyer Sarah Johnson, who was not involved in the case. 'Even if an officer discovers evidence of a crime, if it was obtained illegally, it may be thrown out.'
Evaristo's lawyer, Mark Silverstein, praised the decision. 'This is a victory for the rule of law. My client's rights were violated, and the court did the right thing by excluding the evidence and acquitting him,' Silverstein said.
