Police will supplement prisoner lunches
Nov 17, 2008 - 02:08 PM
By Jeff Mitchell
OSHAWA -- The food fight at Oshawa's courthouse is over -- for now.
On Monday a lawyer for the Durham Regional Police said the service will supplement lunches for several men facing drug charges, a move that resulted in the withdrawal of a motion that threatened to delay their preliminary hearing.
But DRP lawyer Kevin Inwood said the concession was granted solely to prevent further delays in the case, and that the service still insists it shouldn't be responsible for feeding accused people in custody at all.
"(The police service) does so for the purpose of ensuring this hearing goes ahead," Mr. Inwood told Ontario Court Justice David Stone.
"They maintain they're not obligated to do so.
"It's a cost that ought not be borne by the taxpayers of this region," Mr. Inwood said.
The agreement brings about a resolution to a legal battle that began when a number of men facing charges relating to a cocaine smuggling ring brought forth a motion stating that their constitutional rights were being infringed upon because they weren't being given enough to eat while in custody at the courthouse on King Street West in Oshawa. They claimed the granola bar and drink box given them wasn't substantial enough.
Early in the proceedings Justice Stone ruled he didn't have jurisdiction to order either the Durham police or the Province to provide more food; but he agreed the motion has relevance because it raised the question of whether or not the accused men are able to adequately understand what's occurring in court and consult with their lawyers.
"We certainly want to avoid a situation where people are unable to follow the proceedings or instruct counsel," he said.
Durham police have agreed to provide the men with a sandwich and a piece of fruit in addition to the cereal bar and juice given to all prisoners. Justice Stone ordered that the men be segregated during lunch breaks so the extra food doesn't create turmoil among other prisoners.
The preliminary hearing is expected to begin in earnest Tuesday.
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