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The Crown has won a small early victory in the case against Byron Sonne, the computer expert accused of plotting to attack the G20 summit last year.

As a prelude to Mr. Sonne’s trial proper, the defence is arguing that police violated his Charter rights on numerous occasions, and that as a result, much of the evidence against him should be thrown out. The first Charter argument pertained to Mr. Sonne’s initial detention by police, when he was questioned downtown after being seen photographing the G20 security fence in the summer of 2010.

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The Crown and defence agreed Mr. Sonne was improperly detained, but were at odds over the timing of the detention. The defence said it began when police cornered Mr. Sonne, creating the perception that he could not leave. The Crown contended the detention only began when a police officer improperly threatened to arrest Mr. Sonne for jaywalking if he failed to identify himself.