OFFICER DECEIVED JP, RULES JUDGE

A provincial court judge has slammed an Edmonton police constable - the son
of police Chief Bob Wasylyshen - for wilfully deceiving a justice of the
peace in order to obtain a search warrant.

In a written judgment, Judge Leo Wenden ruled that evidence found in the
search - including up to $36,000 of marijuana, hashish worth $9,500 and
drug paraphernalia - is inadmissible.

Wenden admitted the ruling may bring an end to a trafficking case based on
the findings, but the way Const. Mike Wasylyshen drafted a warrant
application form was so "destructive" of the process it invalidated the
search warrant.

"To admit the evidence in such circumstances is to condone conduct by the
police that is indifferent, careless and, in some instances, deliberately
misleading," wrote Wenden.

Const. Wasylyshen met an informant at 11:15 p.m. on July 31, 2002, and was
told large quantities of marijuana and hashish were being stored for sale
in a south-side house. Wasylyshen completed a drive-by of the house and
then drafted an Information to Obtain (ITO) warrant form.

In the application, Wasylyshen - at the time a four-year EPS member - said
the informant had proven to be reliable "on at least three prior occasions."

He also said that the accused had prior charges and convictions for
trafficking in a controlled substance and possession of an illegal narcotic.

But Wenden said when Wasylyshen testified in court, he could only remember
one occasion when the informant's information yielded results.

"His approach to the verification of the informant's reliability is a
carelessness bordering on indifference," said Wenden.

The judge said three of the "prior charges and convictions" mentioned in
the application were either withdrawn or dismissed. And no mention was made
of the years they were entered, despite the fact they range from 1986 to 1991.

"Having listened to Const. Wasylyshen testify and after reviewing the
transcript on this point, I conclude that the manner in which the accused's
record was set out was wilful, with one objective in mind," said Wenden.
"That was to deceive the justice of the peace into believing that the
accused (sic) involvement in the drug world was ongoing and current."