The three members of the same family accused of manufacturing synthetic drugs in 2015, who were then released after a stay of proceedings due to unreasonable delays, have had their $22 million lawsuit against the state of Quebec dismissed.
Daniel Cozak, a trained chemist, and his two sons Charles and Samuel, the latter a lawyer and member of the Quebec Bar Association, sued Quebec's attorney general for $22.3 million.
The trio accused the Sûreté du Québec and the Director of Criminal and Penal Prosecutions (DPCP) of serious misconduct that violated their rights. In addition, they believed that the police had conducted a “botched” investigation, that the arrest warrants against them were illegal, that investigators had “cleaned” computer equipment that could have exonerated them, and that the evidence, which was only disclosed late, did not assist in filing charges.
These arguments were all rejected by Judge Marie-Paule Gagnon in a 221-page ruling on February 29.
Rejected
The three complainants were arrested in 2015 when authorities suspected them of running two secret laboratories for the production of synthetic drugs. However, the Cozaks argued that the operations were specifically aimed at developing new polymers that could be used in the production of plastics.
Both parties' allegations were never reviewed by the courts due to filing delays since the Quebec court issued a Jordan ruling in 2017. However, in her ruling, Judge Gagnon describes Charles and Samuel Cozak's testimony on this project as “stitched with white thread.”
In her decision, the judge also cited numerous investigative elements “that allowed it [au procureur de la Couronne] “to believe in the guilt of the defendant and in his ability to prove it beyond a reasonable doubt,” and thereby support the filing of charges.
“There is no evidence that the DPCP had malicious intent and abused its powers or perverted the judicial process,” the judge wrote.
$25,000
The plaintiffs initially sought $22 million from the government, but ultimately received $25,000 related to damage to property confiscated from them by authorities.
Samuel Cozak will receive $22,500 for damages to certain laboratory equipment stored by the Sûreté du Québec following his arrest, while his father Daniel will receive $2,500 for chemicals belonging to him that were destroyed.
The plaintiffs have 30 days to appeal the ruling.
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