One of the Okanagan’s most prolific offenders is filing another Charter application in connection with a new set of criminal charges.
Just last week, the Herald confirmed that all charges against Andrew Robert Hardenstine, 45, were dropped after a judge ruled RCMP officers used excessive force during a traffic stop in Okanagan Falls in April 2024.
On May 12, Justice Eric Gottardi ruled that Hardenstine’s Charter rights were violated when officers used “arbitrary and unlawful” force during his arrest. Officers admitted to Tasering Hardenstine 10 times during the incident.
“I conclude that this was an arbitrary detention, and the rights of Mr. Hardenstine were infringed,” Gottardi stated in his ruling.
The British Columbia Prosecution Service confirmed that nine charges against Hardenstine were stayed on May 14, two days after the decision.
A voir dire—a trial within a trial—was held in Penticton in February and April to examine possible Charter violations. Hardenstine had pleaded not guilty to nine charges, including illegal possession of firearms, disarming a peace officer, occupying a vehicle with knowledge of firearms, and assaulting and obstructing police.
At the time, Hardenstine was already in custody. On April 23, he had been sentenced to one year in jail for separate convictions, including driving while prohibited, fleeing police, and driving while disqualified.
Hardenstine’s criminal record dates back to 1999. By 2013, he had nearly 60 convictions. In 2018, he was charged with possessing firearms, a crossbow, ammunition, and drugs.
During a pre-trial conference this week at the Penticton courthouse before Justice Karen Armour, Hardenstine’s lawyer, Michael Patterson, and federal Crown attorney M. Aziz addressed procedural matters related to new charges: two counts of possession of drugs for the purpose of trafficking and one count of resisting arrest.
Court heard that Hardenstine has a bail hearing scheduled for June 30, during which he will seek release from custody. Aziz said he is in discussions with previous Crown counsel about whether the remaining charges should be stayed.
A three-day voir dire is set to begin July 7 in Penticton to assess the admissibility of evidence in the case. If the matter proceeds to trial, four additional days have been reserved.
Patterson confirmed he has filed another Charter application in relation to these new charges. A follow-up pre-trial conference is scheduled for June 25 at 9 a.m.
Hardenstine has been in custody since his arrest in April. In 2022, he led police on a dirt bike chase through Penticton. In 2023, he failed to appear in court and evaded police for seven weeks before being arrested in April 2024.
His April arrest stemmed from a police tip received on April 4. A man told RCMP that Hardenstine planned to sell two firearms early the next morning, intending to use the $1,600 USD to flee to the United States. The sale location shifted multiple times before being set at a gas station in Okanagan Falls.
Officers surveilled a grey Chevy Metro that briefly stopped at the gas station before driving away. Though police couldn’t initially confirm who was inside, Const. Ballarin—lead investigator—recognized Hardenstine in the passenger seat and ordered a traffic stop.
Two officers drew their firearms and opened the passenger door, sparking a struggle. Over the next three minutes, Hardenstine was punched, kneed multiple times, and Tasered 10 times before being subdued. Paramedics arrived 23 minutes later. He was read his Charter rights only after receiving medical assessment.
Hardenstine applied for a stay of proceedings, citing abuse of process, excessive force, and arbitrary detention. He also sought to have the firearms evidence excluded.
Justice Gottardi found that the traffic stop was unlawful and had been used as a pretext to confirm Hardenstine’s identity and investigate the tip.
Officers involved in the arrest included:
• Const. Poulton (3 years of service, Penticton)
• Const. Harrison (5 years, Penticton)
• Const. Turundzev (2 years, Penticton)
• Const. Barrett (19 years, Oliver)
• Const. Ballarin (7 years, lead investigator)
Gottardi noted inconsistencies in their testimonies, contributing to his decision to stay the charges.
