Evidence against Millville man excluded again
RCMP officer’s arrest of Robert Wayne Waugh, 46, in September 2022 was unlawful, and searches of his person and vehicle violated his Charter rights; judge enters acquittals
A Millville man saw evidence against him in a drug and weapons prosecution excluded due to violations of his Charter rights Friday, marking the second time this year he’s been acquitted that way.
Robert Wayne Waugh, 46, of Route 104 in Millville, stood trial earlier this year in Fredericton provincial court on Sept. 3, 2022, counts of possession of methamphetamine, cocaine and hydromorphone for the purpose of trafficking.
He also faced related counts of carrying a concealed weapon (a knife), possessing a prohibited knife and ammunition while barred from doing so by a court order and possessing forged vehicle-inspection stickers, as well as a count of possessing unstamped tobacco contrary to the Tobacco Tax Act.
During the trial, the defence brought motions to exclude the evidence against Waugh based on sections 8 and 9 of the Charter of Rights and Freedoms, protecting against unreasonable searches and seizures, and arbitrary detentions, respectively.