Deportation avoided through a successful Charter motion on charges of assaulting a police officer in Montreal
Mr. A had spent the night celebrating with a friend, and in the process, had consumed copious amounts of alcohol. By the time he started walking home, he was in a state of severe intoxication. Unfortunately for him, someone in the neighbourhood had called the police about a fight that had taken place in the vicinity that he was walking through and when police arrived, they mistakenly perceived him as the culprit. After detaining him in their vehicle and fruitlessly attempting to search for the other individual involved in the fight, they realized that Mr. A was innocent. Seeing his state of intoxication, they drove him to his house, where he lived with his sister. After breaking into his house, going into his sister’s room and waking her up, they dragged the still-handcuffed Mr. A into his home and threw him on his bed. After Mr. A’s sister pleaded with them to uncuff her semi-conscious brother and allow her to take care of him, the officer complied, placing his knee on Mr. A’s back, which startled Mr. A who reflexively kicked his leg backwards, striking the other officer in the knee. Mr. A was promptly arrested for assaulting a peace officer and taken down to the police station. Mr. A was an Iranian national and faced deportation. The team at S. Zalman Haouzi Avocat spent hours drafting a Charter motion, illustrating the myriad Charter violations that Mr. A had experienced at the hands of the police. Seeing the writing on the wall, the Crown agreed to drop the charges entirely in exchange for some community service, which Mr. A gladly accepted, content to be able to live his life freely in his newly-adopted country.