Questions to ask the counsels presenting the case of Brenda Aucoin
According to the Canadian Charter of Rights and Freedom, on May 31st, 2008, the police officer found your client (Mr. Aucoin) with unknown kilograms of cocaine. Is it true that your client was acting intentionally by possessing such unlawful drugs and that he was aware that cocaine is an unlawful drug in this country?
The police alleged that he also found your client with other unlawful drugs like MDMA, BZP and TFMPP in his pocket and he was already drunk. Additionally, these drugs are listed in the Controlled Drugs and Substance act. Is it true that your client was in possession of the above mentioned drugs? What was his main intent of possessing the unlawful drugs and where did they come from?
According to the Canadian Charter of Rights and Freedom, the police have powers to arrest when they suspect someone is not providing them with the right information at the time of interrogation. If he is found guilty, the jail term can be more than fifteen years imprisonment and some huge fines. Is your client aware of all these and does he know the consequences?
Why was your client driving at night? This implies that there was something he was trying to hide from the law enforcers. Additionally, it is also alleged that he was driving while drunk. Was he aware that this was totally against the law and this warrants a jail term of not less than ten years and huge fines? Consequently, is your client aware of the consequences of accepting the charges?
Questions to ask the crown
On May 31st, 2008, you conducted a search on Brendan David Aucoin’s vehicle and found him in possession of cocaine and other. Are you aware that you are only allowed to conduct a search on a suspect after being authorized by your seniors? You went against the freedom of the suspect since he is complaining that the manner of the search was not reasonable.
Do you have concrete evidence that the suspect had, in his pockets, some BZP and TFMPP drug tablets? Additionally, you decided to search the pockets of the suspect while your main intention of stopping him was that his vehicle had a number plate that had been registered to another car. What prompted you to carry out the search yet you only wanted to confirm that he was the right owner of the said vehicle and number plate.
The suspect had white powdered substance believed to be cocaine and some BZP as well as TFMPP tablets. You said that an analysis was conducted to ascertain whether the powder was containing cocaine. Where did you conduct the analysis and how sure are you that the analysis gave the correct result. Additionally, did you conduct the analysis with a recognized institution?
Did you first inform the suspect that it was against the law to possess illegal drugs and did you have to listen to his response concerning the reasons as to why he was having the illegal drugs? At what time did you take him to the cells while awaiting his trial?