Gun case dismissed due to police officer's misconduct

A Toronto police officer was found to have committed serious misconduct, leading to a judge throwing out a gun possession case. Justice Susan Chapman ruled that Constable Alain Arakaza violated a man’s rights during a stop and search on January 21, 2023, when he did not have probable cause. In her decision, Justice Chapman stated that the police action was significant enough to warrant a dismissal of the case. She emphasized that allowing the evidence of the gun to be used would suggest that the justice system accepts serious police misconduct. The incident occurred when Arakaza, who was patrolling the Entertainment District, received information from a bar bouncer about a man who refused to be searched and might be carrying a gun. Arakaza then followed the group, stopped the man, and conducted a search without providing the proper legal warnings. During the search, the officer found a gun in the man's bag. However, he later lied to his supervisor about whether the weapon was loaded, which the judge noted raised doubts about his credibility. Three friends of the man were also stopped but had no legal justification for their detention. Justice Chapman further pointed out that Arakaza did not comply with police policy regarding his body-worn camera during the incident. The officer has faced misconduct accusations in the past but those cases were dismissed due to procedural issues. A representative from the Toronto police stated that Arakaza is not currently suspended but did not provide details about his role. The man's lawyer voiced concerns about random stops and searches, stating that they threaten the safety of lawful citizens.