A Red Deer drug dealer fighting his conviction on the grounds his constitutional rights were violated took his case before a judge on Tuesday.
Allie Gader, 59, claims his rights under the Charter of Rights and Freedoms were violated when he was beaten by an Edmonton Remand guard in June 2015.
Gader also alleges 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.
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In October 2017, Gader pleaded guilty to four counts of possession of drugs for the purpose of trafficking and one count of possession of the proceeds of crime.
Before he could be sentenced, the court heard a notice of constitutional arguments had been filed.
The focus in Red Deer Court of Queen’s Bench on Tuesday was on the medical records issue because remand centre video connected with the beating allegation had not yet been received by lawyers.
Joshua Asp, who is representing Gader, said at no time did his client sign a waiver consenting to the release of his medical information to Crown prosecutors.
Suggesting a subpoena could be employed amounted to a “form of duress” for treatment centre staff, who eventually turned over his medical records, said Asp, of Wetaskiwin.
Asp called the request “an improper avenue for the Crown to take with respect to these records.”
He is seeking to have Gader’s charges stayed.
Crown prosecutor Kent Brown said Gader had agreed to allow access to his medical information as one of the conditions that allowed him to leave prison to attend the treatment centre.
Derie-Gillespie was seeking information on Gader because he had left the treatment centre and returned to prison about halfway through his 21-day drug treatment program.
The Crown prosecutor had written to the treatment centre to find out why he left.
“She didn’t seek medical records,” said Brown.
There could have been a number of explanations why he left treatment, such as a shortage of staff, that would not have had anything to do with medical information, he said.
Brown said it was “probably a surprise” to the Crown prosecutor that Gader’s medical records were turned over in response to the query.
Brown said categorizing the letter and its reference to a subpoena is an “exagerration.”
“This is nothing even close to saying, ‘I will drag you into court of you don’t give me the medical records requested.’”
As well, the incident comes nowhere close to the standard for abuse of process nor does it affect the integrity of the court nor bring the justice system into disrepute, he argued before Madame Justice June Ross.
Lawyers will return to court on Wednesday to confirm whether the needed video evidence has been received. If not, the case is expected to be adjourned to Thursday.
pcowley@reddeeradvocate.com
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