Judge stays charges against 3 men accused of drug trafficking for Charter rights violation

Three men arrested during a drug trafficking investigation 15 months ago in Barrie and Orillia have had their charges stayed by a judge.

Justice Robert Gattrell agreed to stay the proceedings against the men due to concerns about potential violations of their Charter rights.

Defence lawyers argued last month their clients’ rights were infringed because key evidence from the Crown and police had not been properly disclosed. They said a stay of proceedings was the only appropriate remedy, and the judge accepted that argument.

Section 7 of the Canadian Charter of Rights and Freedoms guarantees the right to life, liberty and security of the person, and states these rights cannot be taken away except in accordance with the principles of fundamental justice. The defence successfully argued that these rights were violated due to delays caused by the prosecution.

Arkadiusz Lesiczka, 31, of Barrie, was granted bail earlier this year, while Nathan Venema, 35, of Surrey, B.C., and Ian Kelly, 33, had remained in custody since their arrests last summer. All three walked out of the Barrie courthouse Friday morning following their release from custody.

At the time of the arrests, investigators said the accused were found with cocaine, heroin and fentanyl intended for trafficking, along with Nazi paraphernalia.

Provincial police said last August that, with help from the RCMP, Vancouver Police Department and the Organized Crime Enforcement Bureau, the accused had been under investigation for alleged drug trafficking across Simcoe County for two months.

Several search warrants were executed, leading to the seizure of weapons, including a loaded handgun, a stolen police bulletproof vest and knives, as well as about 500 grams of drugs, seven cellphones and $12,000 in cash.

Their co-accused, Mia Sanchez, 22, of Surrey, B.C., had her charges stayed by the Crown in March after being released on bail to sureties in late August 2024.

The case was scheduled to begin in October. The allegations against the accused have not been tested in court.