A Red Deer drug dealer claims he was tormented and assaulted by Edmonton Remand Centre guards and his constitutional rights violated.
Allie Gader, 58, pleaded guilty in Red Deer Court of Queen’s Bench on Tuesday to four counts of possession of drugs for the purpose of trafficking and possession of the proceeds of crime. He was arrested in June 2015 in an RCMP sting operation that uncovered 10,000 prescription pills.
However, before he could be sentenced on Wednesday the court was informed Gader’s new lawyer had filed a Charter application alleging breaches of Gader’s consitutional rights.
In what is known as a notice of constitutional argument, breaches under three sections of the Charter of Rights and Freedom are alleged and that an abuse of process had occurred.
Wetaskiwin lawyer Joshua Asp, who is now representing Gader, is asking for a stay of the proceedings against him. A stay means Crown prosecutors would not proceed on the charges against Gader. They can revive them within a year, but that is rare.
The notice alleges that Gader was physically assaulted by an Edmonton Remand Centre guard between June 8 and June 10, 2015.
It is further alleged that between June 2015 and October 2016 Gader had “been deprived of essential medical treatment, including medication by the Edmonton Remand Centre.”
Gader was also denied physical activity, access to a phone and was left in his Edmonton cell “without care or attention for extensive periods of time,” the notice alleges.
As well, he was “specifically targeted by specific Edmonton Remand Centre Guards who tormented Mr.Gader through their treatment of him.”
It is also alleged that on Jan. 8, 2017 Red Deer Crown prosecutor Donna Derie-Gillespie “compelled private medical records from the Bonnyville Indian-Métis Rehabilitation Centre without warrant, by threatening staff with subpoena to court.”
Gader was in the rehabilitation centre from Nov. 11-20, 2016, the notice says.
None of the allegations have been tested in court.
Sentencing on the drug charges is now on hold while the charter issues are sorted out. Gader’s case is scheduled to return to Court of Queen’s Bench on Nov. 6, when a date may be set to hear arguments on the charter application.
Derie-Gillespie said earlier in the week she could not comment on the matter.
Alberta Justice spokesperson Louise McEachern says in an email, “As the matter is currently before the courts, it would be inappropriate to comment at this time.”
pcowley@reddeeradvocate.com
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