Court Hears Appeal of Corruption Charges Against Toronto Drug Cops

Charges in one of Canada’s largest ever police corruption cases should not have been thrown out even though years would have passed before the case went to trial, Ontario’s highest court heard Monday.

The charges against six former members of the Toronto police drug squad were based on allegations they conducted searches without warrants, falsified notes to hide those facts and didn’t account for all of money seized in drug investigations, as well as extortion and assault allegations.

The 30 corruption counts were stayed in January 2008 – four years after the charges were laid – under the prospect of a trial that wouldn’t be completed until August 2008. Ontario Superior Court Justice Ian Nordheimer described that as a “glacial” pace.

The Crown is appealing that decision, arguing that due to various factors the delay was not unreasonable.

In his decision Nordheimer suggested the defence was surrendering to the inevitable when, after delays with disclosure from the Crown, they accepted a date for the preliminary hearing that was a full two years after the charges were laid.

Crown attorney Ken Campbell disagreed, saying the defence should have raised concerns about the delay at that time.

“There was nothing inevitable about it,” he told the panel of Ontario Appeal Court judges Monday.

“It could have been avoided if they’d spoken up… They could have had an earlier trial date if they’d wanted one.”

By not complaining about that delay at the time, the defence lawyers effectively waived their clients’ right to raise it as an issue now, Campbell argued, though the Appeal Court justices spent much time questioning him on that point.

When it came time for setting the trial date much of the delay was due to defence lawyers being unavailable, as well as some of the six accused changing lawyers and inherent time requirements, Campbell said.

Nordheimer laid much of the blame for delays on how long it took the Crown to get mountains of evidence to the defence.

“I consider that the largest portion of the delay in this case results from the actions of the Crown relating to the manner and timing of the disclosure,” he said in his decision.

Campbell called the Crown’s disclosure obligations “very onerous,” noting that if the papers and files were all stacked atop each other, the pile would reach 41 feet.

“This was a very substantial and very complex case that required enormous resources,” he said.

The corruption charges against John Schertzer, Steven Correia, Nebojsa Maodus, Joseph Miched, Raymond Pollard and Richard Benoit were laid after more than 200 drug cases were dropped by provincial prosecutors following theft, extortion and assault allegations.

The allegations are from between 1997 and 2002. Initial allegations of improper investigation and arrest tactics in the drug squad led to an investigation and Police Services Act charges against some of the men.

– Article from Canadian Press.



  1. Anonymous on

    The RCMP, are well known in this country for corruption. They have committed crimes of atrocities. They murder, molested little boys, paid teenage prostitutes for sex, they launder money, they are involved in the drug cartel. There are Canadian citizens, who want the RCMP disbanded, there are also citizens, who no longer want the RCMP, to be an emblem of Canada. There are WW11 veterans that say the RCMP are Canada’s Brown Shirts. They lie and cover up for each others crimes. As in the tasering at Vancouver airport. They have lost their integrity, their image is so shattered, they are a disgrace to this country.

  2. Freedom Fighters on

    We really need cop watcher groups like in New York for one thing a person with a phone and anyone who wants to protect another.

    We confront these ass’s personally with hidden video recording and throw it on a Video site, like Cop Watchers, You Tube etc..
    If everyone had the option of staying anonymous for these uploads then they would feel safe.

    We are persecuted and the more shame we can show by being polite and standing your ground and knowing your rights, when you see someone being arrested for whatever reason stop and Cop Watch. You never know and it lets them know they are being watched and they have to obey THEIR OWN LAWS!

    Every Young Adult has a story of when the police over stepped their authority and stepped on our rights, let us think we have none. Some of them are capable of great violence simply becasue you may be a smart ass kid, seems wrong very wrong, those that cannot control their anger with THAT KIND OF AUTHORITY, should NOT be Officers.

    To be an Officer you should be able to control yourself Emotionally on all accounts and deal with the issue logically understanding their boundaries and respecting them. No One or most of us does not want them to drop their guard and be careless getting shot, Everyone just wants more Public Control on Corrupt Officers. Why are these people getting away with murder with solid evidence, yet the laws do not apply to them.
    They suspend them without pay..

    Even better if someone was smart enough to have a watcher on the watcher when the police come and take the camera and *accidentally drop it*, the second watcher gets it all. All you need mostly is a phone..

    We need someone to make small wearable cameras that can be worn as jewelery and the cops wouldn’t know becasue everyone wheres shit like that. Everything in this technology is making it very inexpensive to make it possible.

    Just a thought..

  3. Anonymous on

    Denise if it’s at all possible in your situation maybe choosing another country would placate you. Don’t contribute to Canada’s GDP, I’ll be making the same choice, I encourage a lot of people who feel like we are afraid of the police, the government, the courts and their witch-hunts, to stop paying for the health care of the old fossils who perpetuate madness, stop paying for everything that props up this awful country.
    We sat back and made fun of americans for electing bush, and each time, we follow with an election of Stephen Harper. We are a nation of hypocrites Denise and I think the only ones with guts will tell you the truth, we all have to just leave. A marijuana exodus would be amazing. Can you think of the kind of people who would be left? The nation would collapse in three years.

  4. Denise B on

    Why should those evil bastards get off due to a delay in getting to trial? Different members of the same Squad set up my husband in 1991 and it didn’t get to trial until 1997 and wasn’t completed until 1998 due to the Crown Attorney needing more time to script his witnesses — the dirty cops!!

    We BEGGED the court for an Askov ruling — essentially saying because it had been so long and he had no encounters with the police (agreed by police) in that period, he should not be tried. WE were turned down, but these DIRTY POLICE OFFICERS that SERVE & PROTECT THEIR OWN ASSES get off for the very same reason!!!!!!

    It makes me SICK!! They ruined my family’s life, but they are officers of the court so they are to be believed and trusted! I’m more afraid of the POLICE than I am of ANYONE! Btw, the Appellate Court vacated my husband’s sentence and he was released from Kingston Pen. His conviction would have been overturned but we withdrew our petition believing we would only win one and I wanted to win the one that brought him HOME where he BELONGED in the first bloody place!!!!