Congratulations to my colleagues John and Otto for securing some measure of justice for Clayton Boucher, a Métis man who was wrongfully convicted because of the of the RCMP. The story is a tragic miscarriage of justice and a horror show. 1/11 https://twitter.com/wplawyers/status/1265779753761603586

In January 2017, Boucher was arrested after RCMP searched his kitchen cupboard and located a white powdery substance in an Arm & Hammer baking soda box. Boucher immediately tells the RCMP that the white powdery substance in the baking soda box is ... baking soda. 2/11

The RCMP are convinced Boucher is lying and charge him with a slew of charges including production and trafficking of crack cocaine. Boucher knows the baking soda is baking soda and tells everyone who will listen to test the substance. 3/11

Boucher remains in prison while the RCMP send the sample to Health Canada for testing, and guess what? The results come back negative for any illegal drugs. The white powdery substance in the baking soda box in the kitchen cupboard is indeed baking soda. 4/11

At this point, Boucher has been wrongfully incarcerated for a month. But instead of sending the results to Boucher's lawyer and immediately releasing Boucher, the RCMP instead PUT THE RESULTS IN A HOLDING LOCKER WITHOUT INFORMING ANYONE OF THEIR EXISTENCE FOR TWO MONTHS 5/11

In the mean time, tragedy strikes. Boucher's spouse is killed in a car accident. Boucher is forced to attend her funeral in an orange prison jumpsuit and shackles. At the time of the funeral, the RCMP and the Crown know about the results. They still don't drop the charges. 6/11

Boucher is distraught, and desperate to get out of jail. After months of insisting that the substance be tested, he is ready to give up. The Crown (again knowing about the negative test results) offers him a deal - if you plead guilty, we will let you out today. He agrees. 7/11

Let me repeat that. The Crown allowed Boucher to plead guilty for possession of illegal drugs knowing that the substance the RCMP seized was unequivocally not illegal drugs. He is sentenced to 90 days in jail, one month less than the 120+ days he had already served. 8/11

Boucher continued to fight for his exoneration on his release. In August 2017, the Crown belatedly acknowledged Boucher was innocent, and in September, with the consent of the Crown, the Alberta Court of Appeal overturned his conviction and acquitted him of all charges. 9/11

As part of settlement of the civil suit, the RCMP apologized to Mr. Boucher. This is a big deal. Police NEVER apologize. But even here the RCMP mess it up by spelling Mr. Boucher's spouse's name wrong. END

Congratulations to Mr. Boucher for standing up and fighting back, and to my colleagues John and Otto for fighting back with him.

For more on this story, and for excellent journalism generally, see the reporting of @afixedaddress https://www.aptnnews.ca/national-news/rcmp-apologize-to-metis-man-for-withholding-evidence-in-wrongful-conviction/