Court ruling on Charter challenge offers glimpse of the frontlines of the drug war in Sudbury

Announcements by police about drug busts may seem routine, but a recent court case in Sudbury shows just how much careful investigation and attention to detail is required.

A judge in Greater Sudbury has released details of why he allowed evidence in a major drug case to stand, despite a breach of the suspect's rights.

Joseph Hoggar -- nicknamed 'Oil' -- was also caught with more than $50,000 in cash. (Greater Sudbury Police photo)

And the case offers a glimpse into how police make use of confidential informers -- often drug addicts themselves -- to get vital information on the underworld.

The case involves Joseph Hoggar – nickname 'Oil' – a southern Ontario drug dealer who was caught April 19, 2023, with 668.8 grams of cocaine and 141.9 grams of fentanyl.

Combined, the drugs had a street value as high as $110,000. Police also seized more than $50,000 in cash, a 9 mm Glock handgun and ammunition.

The cash, drugs and weapon were hidden in a green 2007 Nissan Altima – a rental vehicle -- Hoggar was driving the night he was arrested.

According to the court decision, the officer who arrested him was Const. Bonish --first name not given -- a Greater Sudbury Police officer who has handled 100-300 drug investigations in his career. At the time, he was investigating cases involving human trafficking, guns, gangs and drugs.

"Const. Bonish recalls that he had arrested individuals for possession of cocaine for the purpose of trafficking on approximately 30 to 50 occasions," the decision said.

"As it relates to confidential informants (CIs), he has handled approximately 30 numbered informants that have provided information to him regarding the trafficking of cocaine, crack cocaine or fentanyl. He has spoken to approximately 200 informants who are quite frequently addicted to these substances."

Spotted in January 2020

Hoggar first blipped on the police radar in January 2020, when a CI told Bonish that a dealer with the alias of 'Oil' was selling drugs in Sudbury alongside another dealer, a woman with the alias of 'Rainbow.'

"The CI specified that Oil was at Rainbow’s residence, loaded up with 'soft,' also known as cocaine, and that he drove a black car that was parked in front of her residence, a location familiar to this officer," the decision said.

"According to Const. Bonish, this CI is a past, proven informant. Over the course of several years, this person has provided confidential information to this officer that has resulted in the issuance of 11 search warrants leading to arrests as well as nine street arrests."

While not specified, the CI did receive a reward from police for providing the information.

Bonish investigated the vehicle involved, which led him to identify Hoggar, who had been convicted of drug trafficking in the Niagara Region.

On Sept. 15, 2022, Hoggar reappeared, this time near Regent and McLeod streets. Bonish saw Hoggar get in a vehicle with a woman in the front passenger's seat.

"Shortly thereafter, Mr. Hoggar exited the car and began running towards Lily Creek," the decision said.

"Due to heavy traffic, Const. Bonish was unable to continue his surveillance but managed to photograph him and confirm his identity. He recognized this male individual as Oil, also known as Mr. Hoggar."

Working with the Durham Regional Police, which also believed Hoggar was selling drugs, Bonish and other officers got information from five other CIs that someone named Oil was selling drugs.

Joseph Hoggar – nickname 'Oil' – is a southern Ontario drug dealer who was caught April 19, 2023, with a 9 mm Glock handgun and ammunition. (GReater Sudbury Police photo)

The tips included "physical descriptors of the man that utilized this street name. He was described as a black male with a heavier set build."

The CIs ranged from reliable sources to first-time informers. Together, the information led Bonish to conclude Hoggar had been selling fentanyl, crash and cocaine for at least two years in Sudbury.

The investigation finally came to a head April 2023, when a CI told Bonish that a Green Nissan Altima parked in front of a residence on Jane Street was being used by a drug dealer from the Toronto area who usually brought one to two kilos of cocaine.

He testified that CIs normally characterize anyone coming from southern Ontario to sell drugs is from Toronto.

On the evening of April 19, 2023, Bonish was on Jane Street investigating another matter when he saw the Green Altima parked in front of a known drug house.

Police began surveillance of the vehicle, and at 11 p.m., a blue jeep pulled up behind the Nissan. A white man in a red plaid coat got out. At 11:25 p.m., Hoggar finally appeared and got into the Nissan. Two minutes later, the man in the red plaid jacket left the Jane Street residence, waved to Hoggar in the Nissan, and drove away in the jeep.

At that point, Hoggar did a U-turn on Jane Street, picked up a dark-haired woman at the corner of Dean and Quinn streets, then drove back to the Jane Street residence. They arrived there at 11:32 p.m. and the woman left seven minutes later.

Joseph Hoggar was identified by police in a 2007 Green Nissan Altima outside a residence on Jane Street. (Google images photo)

Bonish testified people coming and going after brief visits implies drugs are being sold. At 11:42 p.m., Hoggar left the residence again and Bonish was able to photograph his face – confirming that it was, in fact, Hoggar.

At 11:55 p.m., Hoggar and the Nissan arrived at a parking lot off Lasalle Boulevard, where a man wearing a dark hoody and jeans was leaning against a railing, talking on his cellphone.

The man immediately got into the passenger's side of the Nissan, getting out again five minutes later.

Now convinced he had grounds for an arrest, Bonish called for backup. Members of the tactical unit cornered Hoggar and placed him under arrest at 12:21 a.m. in a laneway on Elm Street.

Hoggar's defence argued his constitutional rights were violated in several ways and the charges should be dismissed. Justice Leonard Kim of the Ontario Court of Justice dismissed all those arguments -- except for one.

Hoggar was allowed to call his lawyer after his initial charges were laid. However, when a search of the Nissan led to more evidence and more charges, Hoggar had a right to be informed promptly and call his lawyer a second time.

A technical Charter breach

But there was a significant delay in allowing him to do that -- more than two hours before he was arrested again and told of the new charges.

"A detainee must be told the reasons for their detention and rights to counsel must be provided without delay," Kim wrote in his decision.

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"Here, the police clearly prioritized the investigation at the expense of protecting Mr. Hoggar's Charter right to know why he continued to be detained and his right to counsel. There were no safety reasons for this delay or logistical factors that prevented a timelier response."

While a significant breach of Charter rights, Kim wrote that in context, the breach was more technical and not the result of any ill intent by police.

"Despite the significant delay of at least two hours and 16 minutes, Mr. Hoggar maintained his right to silence, and no incriminating evidence was sought or obtained from him by the police while he was in custody after his initial consultation with counsel," the judge said.

"Combined with the understanding that no evidence was elicited from him in connection to the breaches, and that the re-consultation with counsel ultimately did happen within the same transaction, I am of the view that the actual impact of the breaches on the Charter-protected interests of Mr. Hoggar were minimal."

Hoggar was convicted of all seven offences.

Read the full decision here.