By James Bowler

Judge rules RCMP had no right to search elder Dagenais

Oct 28, 2013 | 5:23 PM

A judge has ruled that the father of convicted Mountie killer Curtis Dagenais had his rights breached when RCMP officers searched his home for weapons.

At a hearing in Prince Albert on Monday, a judge decided guns that were confiscated from Dagenais’ property were collected under false pretenses.

The judge stated that the criteria of the search warrant, used by RCMP, were not met, and that Dagenais had his rights breached.

Dagenais said he was not happy with the reaction from the crown prosecutor on this decision.

“What we heard today in court is the biggest form of bullying,” said Dagenais. “The judge has made his clear cut decision, and the crown is disappointed with it and they want to continue the trial on. When the crown is not satisfied with the judge’s decision there’s something wrong with our system.”

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The crown did speak out when the judge stated that because the warrant was not valid, the guns could not be used as evidence in the trial Dagenais is currently undergoing for unsafe storage of firearms and ammunition.

The crown will now take time to regroup in light of this ruling and return with a decision on whether to proceed with the trial on Nov. 5 at Prince Albert Provincial Court.

Dagenais was recently found not guilty for mischief charges relating to an incident that happened at Sask Pen in August of last year

jbowler@panow.com

Twitter: @journalistjim