A Red Deer drug dealer who claims his constitutional rights were violated when he was allegedly beaten by prison guards will get his day in court.
Three days have been set aside in Red Deer provincial court March 27-29, 2018 to hear arguments in Allie Gader’s constitutional challenge.
Last September, Gader, 58, pleaded guilty 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 Gader’s new lawyer Joshua Asp, of Wetaskawin filed a notice of constitutional argument, alleging breaches under three sections of the Charter of Rights and Freedom and abuse of process.
The notice alleges that Gader was physically assaulted by an Edmonton Remand Centre guard between June 8 and June 10, 2015 and between June 2015 and October 2016 Gader had “been deprived of essential medical treatment.”
It was also alleged that Gader was denied physical activity, access to a phone and was left in his Edmonton cell “without care or attention for extensive periods of time.”
As well, he was “specifically targeted by specific Edmonton Remand Centre Guards who tormented Mr.Gader through their treatment of him.”
It is further alleged that on Jan. 8, 2017 a Red Deer Crown prosecutor “compelled private medical records from the Bonnyville Indian-Métis Rehabilitation Centre without warrant, by threatening staff with subpoena to court.”
None of the allegations have been tested in court.
Sentencing on the drug charges is on hold while the charter issues are sorted out. Gader remains in custody.