Jailed South Okanagan biker had learner’s licence when caught with fentanyl, cocaine

A South Okanagan drug-dealing biker who was pulled over on his motorcycle but only had a learner’s licence has lost an appeal after being jailed for trafficking.

According to a June 24 BC Court of Appeal decision, police pulled Grant Edward McEwen over for failing to stop at a stop sign and for taking his hands off the handlebars, but he only produced a learner’s licence that didn’t allow him to drive a motorcycle.

The motorbike had to be towed, and police arrested McEwen on an outstanding warrant. There was also suspicion that the motorcycle was stolen.

McEwen, who will be 60 this year, was carted off to the police station, and officers searching his bike found 10 grams of cocaine and 12 grams of fentanyl along with brass knuckles.

In January, he was sentenced to two years in jail.

McEwan has a lengthy criminal record and has racked up more than 60 convictions over the years.

In his latest case, McEwen appealed, arguing his lawyer was ineffective and had pushed forward with a trial by judge alone in the provincial court without his agreement.

He argued he wasn’t there when his lawyer put forward the election of trial in the provincial court.

“(McEwen) asserts that he suffered prejudice due to the loss of a preliminary inquiry, the ability to have a trial before a Supreme Court judge alone, and the ability to negotiate or take steps after the preliminary inquiry before the commencement of the trial proper,” the decision reads.

However, his lawyer argued he made three to four attempts to meet with McEwan, who never showed up. He said he discussed the options and is “certain” he spoke to McEwan about whether to plead guilty or not and what sort of trial he should have.

McEwan said he would have chosen differently if he’d known the options.

However, Justice Michael Brundrett found that transcripts of court proceedings showed McEwan acknowledged his understanding of what was happening on three occasions.

“Overall, the way proceedings unfolded, the context, and the affidavit from (McEwen’s lawyer), cast significant doubt on (his) assertion that his lawyer failed to discuss his election with him,” the Justice said.

Ultimately, the panel of justices dismissed the case.

“I would add that this case shows the benefits of having the accused personally make, or be present for, the election of their mode of trial,” Justice Brundrett said.