Manitoba·NewA 39-year-old and 57-year-old men have been charged after Winnipeg police uncovered what they believe was a bicycle chop-shop in a waterside encampment after they used a warrant to search it — a “smart” move to lawyer who thinks it will help the Crown in prosecuting the charges in court. 2 men charged, dozens of bicycle parts seized after search of temporary wooden shelter WednesdayCBC News · Posted: Aug 28, 2025 8:16 PM EDT | Last Updated: 15 minutes agoWinnipeg police officers searched an encampment structure off Waterfront Drive on Wednesday after obtaining a warrant. The search led police to seize dozens of bicycle parts and arrest two men. (Josh Crabb/CBC)Two men have been charged after Winnipeg police uncovered what they believe was a bicycle chop shop in a waterside encampment, which officers used a warrant to search — a “smart” move one lawyer thinks will help the Crown in prosecuting the charges.Officers executed a search warrant at a temporary wooden frame shelter, located along the bike path off Waterfront Drive in the area of the North Winnipeg Parkway Trail, on Wednesday afternoon.Police said they had received multiple reports of suspected property crime activity within the encampment in the Fort Douglas Park area over the past months. During the search, officers seized five complete bikes and dozens of parts — including 50 frames, 77 tires and 53 tire rims, police said in a news release Thursday. Police also found a wheelchair, a pressure washer and a lawn mower. Two men who were at the structure were arrested and charged. A third person who was also taken into custody was released, after police determined they were not involved.Both men were charged with possession of property obtained by crime under $5,000 and have been released on undertakings, police said. Search warrant ‘smart tactical move’: lawyerAt a news conference on Wednesday, police said the search of the encampment structure, which they said was set up and used a workshop, was made possible after officers obtained a warrant to inspect it, despite it only being a temporary shelter. Chris Gamby, lawyer and communications director of the Criminal Defence Lawyers Association of Manitoba, said that was “probably a smart tactical move” that could make it easier for charges to stick.Police are not required to get a warrant every time officers need to search a property, but Gamby said it is useful to get one before an inspection to ensure evidence seized is not excluded during trial. If officers had gone into the encampment and searched it without a warrant, Gamby said it’s almost expected the Crown would need to justify in court why police did the search and the circumstances around it — simply because a warrantless search is presumed to be unreasonable unless proven otherwise. But with a warrant, the burden shifts to the defence to prove it shouldn’t have been granted and challenge it at trial, for instance, based on the breach of someone’s private interests, Gamby said. “But it’s not necessarily quite as easy to do,” the lawyer said. “If the police were able to obtain a warrant, they probably have some pretty good information.” The decision to get a warrant is an example of smart police work, Gamby said, that in part shows respect for the people living in the encampment and their right to privacy, regardless of where they live.Chris Gamby, lawyer and communications director for the Criminal Defence Lawyer’s Association of Manitoba, says obtaining the search warrant before going into the temporary shelter at the encampment was a smart move that might help the Crown prosecute the charges. (Prabhjot Singh Lotey/CBC)But Gamby said it doesn’t set a precedent or speak to the broader issues around whether encampments should be allowed, because the warrant was obtained to enforce criminal law — not to make a point about someone’s right to be on a property.”It’s simple: it’s the police doing police work. That’s all it is,” Gamby said. Manitoba Housing and Homelessness Minister Bernadette Smith wouldn’t directly confirm if she supports police using a warrant to search an encampment or if police spoke to her department before executing the inspection on Wednesday, after being asked by reporters at an unrelated news conference Thursday. WATCH | Warrant used to search a homeless encampment could be a first for WPS:Warrant used to search a homeless encampment could be a first for WPSTwo men face theft charges in connection with what Winnipeg police say was a bike chop shop being run out of an encampment. Officers obtained a warrant to search a temporary shelter in the encampment — a move that one criminal law expert says acknowledges the encampments’ right to privacy, and could make it easier for charges to stick.But Smith said her department is working with police, the city and local organizations to support enforcement of laws in response to any illegal activity, regardless of where it happens.Winnipeg Mayor Scott Gillingham said his office also supports police investigating crime wherever it happens, including at encampments, and he trusts the legal steps authorities establish are necessary to support an investigation. With files from Mike Arsenault and Santiago Arias Orozco
Winnipeg police use of warrant to search waterfront encampment a ‘smart tactical move,’ lawyer says
