At What Point Does the Pursuit of Justice Cross in to Harassment?

Man discussing

Our client and his family were falsely arrested in May 2015. When a search of Mr. Fernando’s property failed to disclose evidence of any wrongdoing, charges should have been dropped and this should have been the end of the story. Instead, what occurred was a year of surveillance, harassment, and persecution by the Calgary police.

After being released on bail, this family had to fight to be together. It was a struggle for this family to regain custody of their children, who were now traumatized from being forced into the foster care system.

While living in foster care, the children were separated, the children were not properly informed of what was happening and the foster parents were not advised of the medical conditions of the children—despite the pleadings of Mr. Fernando to please ensure this information got passed along—leading to at least one nearly fatal accident for Fernando’s 4-year-old daughter.

Even after reuniting with their children, this family’s struggle continues to this day. In the year following the Fernando family’s release, Mr. Fernando was pulled over more than 30 times, often without adequate cause. Mr. Fernando has also been given multiple undeserved tickets and fines since his release. Additionally, as mentioned in the attached news clip, the Fernando family also had a number of items seized “as evidence” which were never returned.

After about a year, during which nothing new was discovered (because there was nothing to find). The charges against Mr. Fernando stayed. In our view, this step was taken about a year too late.

We all know committing crimes carry penalties, but few think of the consequences for the wrongfully accused. If you were wrongfully accused of a crime, is this how you would expect to be treated?

Jonathan Denis