Lawyer questions booze can police search

SEAN McKIBBON

IQALUIT — The lawyer for local high school teacher and booze can manager Joe Morneau has applied to have the results of searches by police excluded from consideration by the court.

Meanwhile, Morneau was apparently too sick to have his trial on charges of violating the territorial Liquor Act go ahead last week.

His Jan. 26 summary trial on charges of selling liquor without a licence was postponed to Jan. 28. On that day, Morneau’s lawyer, Euan MacKay, told the court that his client was ill and had to go to the hospital.

But on Jan. 28 MacKay said Morneau’s doctor had told him the trial would have to be postponed for at least two months.

“He’s going to have to go back to the [Ottawa] heart institute,” MacKay said.

Nonetheless, MacKay went ahead and filed a motion to exclude evidence obtained by police as a result of warrants issued on April 22, 1999 for a search of Morneau’s West 40 property in Iqaluit.

The motion contains allegations that have not yet been proven in court.

“Fasten your seatbelts. We’re just getting started,” MacKay said.

In his motion, Morneau says his rights were violated under sections 7 and 8 of the Charter of Rights and Freedoms.

Section 7 states: “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”

Section 8 of the charter says, “Everyone has the right to be secure against unreasonable search or seizure.”

The application also alleges there was no authority for the search under section 487 of the Criminal Code , the section that deals with search warrants and how police are supposed to conduct searches.

The notice of motion filed also alleges, “That the respondent relied on or was motivated largely by public opinion and not reasonable grounds and therefore misled the Justice of the Peace;”

Morneau’s notice of motion also says the description of the property targeted by the search, “lacked the required specificity.”

Morneau was arrested for the Liquor Act violation in April 1999 after police raided his West 40 property which was home to the Explorers Club. Morneau was a founding member of the club, and has said he acted as the club’s manager.

Penalties for selling liquor without a permit range from a minimum $500 fine to a maximum fine of $5,000 and a possible six-month jail term.

Two weeks ago, hearings into whether Morneau violated municipal bylaws while operating the club were set over to March, after MacKay attempted to have the testimony of two municipal bylaw officers excluded under the Charter of Rights.