Defence files Charter motion in cruise ship child porn case
Akshay Somaroo arrested in September after ‘routine’ border patrol examination
Akshay Somaroo enters the courthouse in Iqaluit on Sept. 11 after being charged with possession of child pornography. (File photo by Arty Sarkisian)
The defence lawyer for a Mauritian cruise ship worker facing child pornography charges has filed a motion arguing her client’s Charter rights were violated.
Akshay Somaroo, 31, was arrested Sept. 1 in a joint operation carried out by the RCMP and the Canada Border Services Agency with support from Fisheries and Oceans Canada.
RCMP allege one photograph of an underaged male was found by border services officers on the motor vessel World Explorer after it arrived in Frobisher Bay, according to court documents.
A Sept. 11 news release from the RCMP described search as a “routine” customs examination.
Somaroo is charged with one count each of possession and importation of child pornography. He has pleaded not guilty to the charges.
Defence lawyer Lauren Shadley filed a motion Friday arguing Somaroo’s rights under Section 8 of the Canadian Charter of Rights and Freedoms were violated as a result of the examination.
Section 8 ensures that everyone has the right to be secure against unreasonable search or seizure.
On March 6, when Somaroo is scheduled to next appear in court, one of the border services officers who was working at the time of the operation will testify during the motion hearing, Crown prosecutor Emma Baasch said in court.
As a foreign national, Somaroo is ineligible for legal aid. Both his application and appeal were denied by the Nunavut Legal Aid office.
Anyone and everyone and their possessions may be subject to a search while trying to enter Canada.
One year while returning from Mexico all my luggage was searched and there was nothing I could do about it and I am Canadian
Questioning under truth serum? Cavity searches? Blood tests? There has to be some limit.
I don’t want to defend consumers of child pornography in any way, but this person wasn’t a risk to children in Nunavut and now this prosecution is placing demands on our court system and consuming judicial capacity that would be better occupied dealing with our homegrown abusers. Nunavut Legal Aid gets it (I wonder how many foreign residents of Nunavut realize they’re not eligible for legal aid?).
There are extremely few foreigners resident in Nunavut. They are as rare as hen’s teeth.
Charter of rights and freedoms doesn’t exist at the boarder sorry buddy
Yeah, actually it does, just with limitations and modifications on it.
“Defence lawyer Lauren Shadley filed a motion Friday …”
“As a foreign national, Somaroo is ineligible for legal aid.”