Home page

Text size

E-mail this page

TUKTOYAKTUK
The RCMP's search of a Tuktoyaktuk man's luggage was unlawful and a violation of his Charter rights, even if the police were correct in assuming he was guilty of bootlegging, according to Judge Garth Malakoe.

"There is no question that the RCMP seized 12 bottles of Smirnoff's vodka on Oct. 6, 2010 at the airport in Tuktoyaktuk," Malakoe wrote in his decision on Oct. 28.

"The bottles were contained in a box and in a backpack, which Douglas Panaktalok had transported as checked luggage on a scheduled flight from Inuvik to Tuktoyaktuk."

The maximum allowance in Tuktoyaktuk, which put liquor restrictions in place on March 1, 2010, is two 40-ounce bottles of liquor.

Crown prosecutor Blair MacPherson said the case came down to the law of search and seizure in Canada, although he was hesitant to call Malakoe's decision precedent-setting.

"Ultimately, the state of the law does not change because of this decision. We're sort of in the same position as we were beforehand," MacPherson said.

"In terms of the law, it's my feeling this was a fair and well-written and comprehensive decision."

The RCMP can only conduct a search if they have a warrant, if they have arrested someone and need to search the immediate area and in case of an emergency.

Under the NWT Liquor Act, a search can only be made if police witness them violating the act, Malakoe ruled.

"If it's just a suspicion then no, then they can't," MacPherson explained.

The RCMP met Panaktalok at the Tuktoyaktuk airport on Oct. 6 after receiving an anonymous tip that he would be returning with "a lot of booze."

They also contacted the RCMP in Inuvik and Const. Phillip Unger was successful in boarding Panaktalok's flight on stand-by.

After the flight arrived at 6:30 p.m., Const. Shawn DeGrandpre of Tuktoyaktuk said Panaktalok appeared nervous and left the terminal without his luggage.

Unger detained Panaktalok while DeGrandpre retrieved his luggage, and then the officers searched his backpack and box without prior consent.

They found five vodka bottles wrapped in clothing inside his backpack, and the remaining vodka bottles in the cardboard box.

In total, the alcohol would sell for between $1,800 and $2,400 in Tuktoyaktuk, the officers said.

Malakoe ruled the RCMP could seize and dispose of the alcohol, but that their search infringed on Panaktalok's Charter rights and he couldn't be found guilty of bootlegging.

"I disagree with the characterization that the RCMP had sufficient grounds to arrest Mr. Panaktalok," he wrote in his decision.

"The police had a number of investigative options other than detaining Mr. Panaktalok and searching his bags."

If they had asked consent or obtained a search warrant, then the evidence would hold, Malakoe said.

Const. Kevin Murphy of Paulatuk said he doesn't think the court decision will have an effect on the RCMP's day-to-day operations.

"The decision wouldn't change how we do business. That's really a decision that I would consider on a case-by-case basis," he said.

"It's business as usual here in Paulatuk."

Alcohol generally enters the community by freight or checked-in luggage from Inuvik, he said, although it is rare for them to lay charges related to the NWT Liquor Act.

The RCMP detachment in Tuktoyaktuk could not be reached for comment by press deadline.

We welcome your opinions. Click here to e-mail a letter to the editor.