Oceanside RCMP breached rights of accused sex offender, judge rules

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“At a minimum, the police were reckless in their disregard for Mr. Dalling’s right to counsel. Mr. Dalling was a focused suspect when police attended his residence to execute the search warrant, with the intention to ask questions that may incriminate him,” judge Churchill stated during a Tuesday, April 28 ruling.

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Oceanside RCMP breached rights of accused sex offender, judge rules

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Defence lawyer Owen James successfully argued that Dalling was detained and denied his charter-enshrined right to legal counsel.

Crown lawyer Greg Furmaniuk contended Dalling was not detained, therefore no Charter breach applied.

Judge Churchill’s ruling means none of the statements Dalling made on scene to police will be considered admissible evidence at trial.

At a pre-trial hearing, the lead Oceanside RCMP officer who initiated the search warrant couldn’t recall if Dalling was instructed to remain on scene.

Dalling spent the majority of the approximately one-hour search of his home waiting cooperatively in the living room.

He provided passwords to police to access his laptop and phone.

While the accused was not physically restrained, judge Churchill said the evidence showed Dalling felt compelled to stay.

“Mr. Dalling was never told he was free to go and could leave if he wanted. He was told that police preferred that he remained in the living room of his residence.”

Dalling is accused of distributing child abuse/exploitation material in May 2022, as well as possessing related illegal material on the Feb, 8, 2023, police raid of his home.

Dalling was jailed for five months in 2016 for possessing child abuse/exploitation material in Parksville, an offence which listed him on the National Sex Offender Registry.

None of the unproven allegations in the article have been tested in court.

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