WARMINGTON: Peel cop union takes aim at judge's misconduct ruling that freed accused

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In Canada in 2025, there seems to be more important things at play than police finding a loaded gun, drugs and a suspect known to them allegedly asleep at the wheel outside a building known for human and narcotics trafficking.

Despite red flags in this matter, police have been reminded of this reality once again.

Was the accused in a running car around 3 a.m. flagged to be owned by a man on the police’s radar?

Yes.

Did the driver the car, who was not the owner, refuse to exit the vehicle for a sobriety check?

Yes.

Did it turn out the driver of the black BMW had a 2007 manslaughter conviction?

Yes.

Did another police service want to talk with him about a criminal investigation two weeks before?
Yes.

Did police say officers found what appeared to be a substance they believed was cocaine and a weigh scale found in the car?

Yes.

Did police say they found a loaded handgun located inside the car (although the accused denied being in possession of a firearm)?

Yes.

Were Peel Regional Police officers Murray Wood, Majd Al Janazra, David Bersh, Steven Dove, Shoaibuddin Khan, and Connor MacPherson — who made this arrest Nov. 18, 2022 outside a dwelling known for criminal complaints at Kennedy Rd. and Queen St. in Brampton — deemed to be the ones in the wrong?

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Well, this is what a judge, citing racial bias, determined.

“The police misconduct was influenced by anti-Black racism which the court must disassociate itself from,” said Ontario Superior Court Justice Faisal Mirza in a July 18 decision. “This distinct racism is a long-standing pernicious problem in the criminal justice system. Society’s paramount long-term interests are of ensuring an equal and principled justice system free from racial discrimination.”

Just like that, the eight charges against Boysie Alexander Murray, 41, of St. Catharines, including obstructing a peace officer, possession of a firearm and possession of drugs for the purpose of trafficking, were tossed.

This column is not a rebuke of Mirza or the Charter of Rights application put before him by skilled criminal defence counsel Yogesh Gupta. But Peel Regional Police Association President Adrian Woolley rejects the bigotry narrative — saying the officers were effectively put on trial while the accused found with a gun and drugs is set free.

“I’m uncomfortable with this,” he said. “The officers were engaged in the lawful apprehension of an armed and dangerous individual, acting decisively to protect the safety of the public and themselves.”
So, what’s the problem?

Calling this a case of police brutality, and one lacking in procedural prudence, Mirza ruled “society’s interest in upholding the protection of the fundamental Charter rights at the time of arrest that were trampled in this case, also favours exclusion in these circumstances, even when real evidence of very serious crimes would be excluded . . . I find that admission of the evidence would bring the administration of justice into disrepute” to which his conclusion is “the Charter motion is granted, and all of the evidence is excluded.”

Further to that, Mirza found when the cops broke the car’s window to drag the man — who was afraid of the officers — out from the car after not following directives to do so, “the police officers breached the applicant’s Charter rights.”

He ruled: “They arbitrarily detained him, failed to accurately inform him of the basis for his continuing detention, improperly delayed rights to counsel during the lengthy detention, unlawfully arrested him, and then upon arrest, failed to give him rights to counsel and a caution without delay. The officers used excessive force during the arrest,” which he described as repeated Tasering of the suspect including in his genital region – something the officers say was unintended and accidental.

The judge added “although all of the breaches are serious, the excessive force the police employed against the applicant was shocking” and “the pre-text stop and unlawful arrest, failure of six officers to provide basic rights to counsel and caution upon detention, and arrest without delay was flagrant” and “the total actions and conduct resulting in Charter breaches by the police were influenced by racism. The total misconduct amounts to racist mistreatment.”

Woolley said this was nothing more than officers dealing with someone who turned out to be armed and known to police.

“They were trying to do good,” he said, adding they were trying to protect the community and themselves.

Perhaps the most important question now is why would anybody want to be a police officer?

“Peel Regional Police was made aware of the judge’s ruling and is reviewing the decision,” said a statement from the service. “As per our policies related to adverse court findings, the matter has been referred to our Professional Standards Bureau for review.”  

But Woolley said he would prefer to see a pat on the back to the officers for getting a gun and drugs off the street.

“I don’t know how much more that can be expected of them,” he said. “The car was flagged, there was a loaded gun, a person charged in a previous murder and drugs found.”

He would also like to see judges who have worked as a counsel before being on the bench, recuse themselves if they had been in previous contentious cases with a police services. Woolley added it is his view there was no racism displayed by his members on a dangerous call.

They would have had less risk and hassle had they just left the gun and drugs and let the suspect drive off.

“But they did their jobs. They are outstanding officers with a lot of experience,” he said. “That was a difficult situation. They should be commended. Not labelled. This was good policing.”

A judge disagreed.