EDMONTON -- An obstruction of justice charge has been dropped against an Edmonton man after a judge ruled a police officer used a bylaw infraction as a pretense to stop him and check his name against a police database.

“I find that the officer’s true purpose in stopping the accused and asking him to identify himself was not to enforce a bylaw. The bylaw was a pretext,” Judge L.G. Anderson wrote in a Sept. 30 Alberta Provincial Court ruling. 

“He quite clearly simply wanted the information to run an … inquiry for the purpose of looking for warrants or other matters unrelated to the stated reason for the stop. This takes the officer out of the lawful execution of his duty.”

RIDING ON THE SIDEWALK 

Real Joseph L’Huillier was spotted by a police officer riding his bike on the sidewalk, an offence under city bylaws.

The officer, who is not named in the ruling, stopped L’Huilier near 107 Avenue and 103 Street just after 7:15 p.m. on Feb. 22, 2019. 

L'Huilier was asked for his name and birthdate and the officer referenced the details he gave against a police database of persons who have a criminal record. 

When the query returned no results, L’Huilier repeated the information but with a birthdate two days different than his initial answer. 

Again, the name and birthdate were not in the database and the officer then arrested L’Huilier who was later charged with obstruction of justice.

'HIGH CRIME AREA'

Anderson’s ruling recounts how the officer stated under examination that where he stopped L’Huilier is “typically a high crime area; when I see people bicycling on the sidewalk, it is a good opportunity to stop and just confirm that there is nothing outstanding, no warrants or the like.”

But Anderson pointed to the officer’s testimony that his reason to stop L’Huilier was to get his name and “possibly issue a ticket and possibly not.”

Without the intent to enforce the bylaw, Anderson ruled the officer couldn’t have been obstructed.

“The Court fails to see in such a circumstance how the officer was obstructed in the writing of a ticket if he had not decided whether he would in fact write up a ticket.”

Anderson also noted the bylaw banning bicycles on the sidewalk has its own enforcement for obstruction, specifically a $250 fine.

UNCLEAR INTENT

L’Huilier’s lawyer says his client is not a visible minority, but was stopped based on his appearance.

“You have a disenfranchised individual, poor, in a bad part of town riding his bike late at night,” said Rory Ziv.

“They wanted to stop him because he looked suspicious,” he said. “That’s the only reason”

Ziv describes L’Huilier as a “marginalized individual” who has struggled socially and economically throughout his life.

Edmonton Police and the Alberta Crown Prosecution Service declined to comment on the ruling or the case.

Ziv says to the best of his knowledge L’Huilier does not plan to pursue a disciplinary complaint against the officer.