Drug charges dropped over racial profiling

By Joel Wittnebel/The Oshawa Express

Drug possession charges against a Whitby couple have been dropped after a ruling found that the Durham Regional Police officer who conducted the traffic stop leading to their arrest had no legitimate reason for pulling them over and it was actually a result of racial profiling.

The decision by Superior Court Justice Robert Charney, released on July 28, sided with Beverly Ann O’Grady and her boyfriend Jeffrey Ferguson-Cadore who, after being pulled over in September 2014 by Const. John MacKinnon, were arrested for a series of drug related offenses when an ensuing search of their vehicle turned up marijuana, MDMA, cocaine and Oxycocet.

Following their arrest, the two were charged with four counts of possessing a controlled substance for the purpose of trafficking. However, the two argued their charter rights had been violated – mainly, the right not to be arbitrarily detained and protection from unlawful search and seizure. It was something Justice Charney eventually agreed with.

The incident began on the afternoon of Sept. 14, 2014 when Cst. MacKinnon spotted the couple pulling out of the Canadiana Motel.

According to information contained in the ruling, MacKinnon, previously with the vice squad, knew the location as a spot frequented by “escorts and their pimps.”

Suspicious, MacKinnon followed the couple. After running the plates and finding them registered to a 65-year-old, he pulled them over.

“He was concerned for the safety of the female driver of the vehicle,” Charney writes in the ruling.

“It was possible that she was a prostitute in the company of her pimp. At that point, the only basis for this suspicious was the fact that the female was young and white, that the male companion was black and that they were leaving the parking lot of the Canadiana Motel.”

As MacKinnon approached the car, O’Grady rolled down the window and, according to the ruling, the officer “could immediately smell a strong odour of burnt and green marijuana.”

The officer asked for the vehicle documentation and was also informed by O’Grady that it was her mother’s car. At this point, O’Grady questioned MacKinnon on why they had been pulled over.

“He replied that she did not look like she was born in 1965,” the ruling reads.

MacKinnon then asked about Ferguson-Cadore in the passenger seat, who O’Grady informed him was her boyfriend. He then asked her if she was an escort and “whether he could find her photo posted on ‘Backpage,’” a website known to carry ads for escorts.

After calling for backup, MacKinnon and another officer searched the car, where they found a scale and several drugs in varying amounts. Both O’Grady and Ferguson-Cadore were then arrested.

However, Charney ruled that the police had unreasonable grounds for the traffic stop and eventual arrest and search.

“The police officer’s initial suspicious and concerns for the safety of the young white female were based on the fact she was seen in the company of a black male. There was really nothing more to it than that.”

Upon an initial request for comment, DRPS spokesperson Dave Selby said in an emailed statement that “we are aware of the decision and just recently received a copy, so we are just reviewing it now.”

The DRPS later noted they have “nothing further at this time,” when asked for additional comments.