CRM 100 Lecture Notes - Lecture 4: Reasonable Suspicion, Legal Aid, Indictable Offence
5 Jun 2018
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Sep 26, 2017
Police Powers:
● Arrest→ Section 495
● Use of Force→ Section 25
● Search→ Section 487
● Obtain DNA→ Section 487.05
Limits to Police Powers:
● Charter limits police powers
○ Certain investigative techniques (electronic surveillance, jail informant,
warrantless searches)
○ Exclusion of evidence section 24 (2)
○ Gathering and disclosing evidence
○ Abuse of process defence
○ Disclosure obligations: R. v. Stinchcombe (1991)
○ Warrantless searches:
■ Hunter v. Southam (1984)
● Shortly after inception of the charter
● Supreme Court held that warrantless searches would be prima
facie unreasonable (unreasonable until proven otherwise)
○ Shifts burden/onus onto the state
■ R. v. Collins (1987)
■ R. v. Edwards (1996)
● When a person can have a reasonable expectation of privacy
● Identification of several factors to decide whether the person had
a reasonable expectation of privacy
○ Whether or not they were present at the time of the search
○ Whether they had possession of the property or place that
was searched
○ Historical use of the property
○ The person’s ability to regulate access
Police Powers Retained Through Significant Charter Decisions:
● R. v. tessling (2004)
○ Police said using thermal imaging from aircraft would not constitute an
unreasonable search and seizure (grow-ops)
● R. v. Grandinetti (2005)
○ Confessed to undercover officers that he thought were criminals about
committing a crime
■ Didn’t believe the person he was confessing to was an officer
● R. v. Singh (2007)
○ Right to silence
find more resources at oneclass.com
find more resources at oneclass.com
Sep 26, 2017
○ Invoked his right to silence but was continuously asked questions, eventually
giving them information
○ Supreme Court of Canada ruled that this was allowed
● R. v. McCrimmon (2010) and R. v. Sinclair (2010)
○ Section 10(b)--> Right to counsel
○ Ruled that right doesn’t provide accused with the lawyer they request
○ Lawyer given was sufficient enough for his case
○ In most cases a reasonable opportunity to contact counsel would suffice
■ Said he was satisfied with his phone call
■ Then later complained he didn’t have access to counsel
Detention and Arrest:
● Requirements
○ Reason for arrest, right to counsel, right to remain silent
■ To prevent a crime
■ To stop a crime already being committed
■ To compel an accused to attend trial
● Arrest Warrant
○ Document that permits a police officer to arrest a specific person for a specific
reason
■ Telewarrant- police have access to JP’s over the phone
● Information
○ A written statement sworn by an informant alleging that a person has committed
a specific criminal offence
Lawful Arrest:
● Police officers should
○ Identify himself or herself
○ Inform the suspect that they are being arrested
○ Give the reason for the arrest or show the warrant
○ Advise suspect of their right to remain silent or retain counsel
○ Most people will be released if…
■ The offence was not too serious
■ If their identity can be established
■ No concern over the continuation of the offence
■ No concern over a failure to appear in court
■ Concerns about destruction of evidence
Arrest without a Warrant:
● Caught committing an offence
● Belief that person has committed an indictable offence
● Belief that a person is about to commit an indictable offence
● Anti-terrorism Act→ arrest on suspicion rather than reasonable grounds
○ Officers shouldn’t make an arrest if none of these factors exist
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Certain investigative techniques (electronic surveillance, jail informant, warrantless searches) Supreme court held that warrantless searches would be prima facie unreasonable (unreasonable until proven otherwise) When a person can have a reasonable expectation of privacy. Identification of several factors to decide whether the person had a reasonable expectation of privacy. Whether or not they were present at the time of the search. Whether they had possession of the property or place that was searched. Police said using thermal imaging from aircraft would not constitute an unreasonable search and seizure (grow-ops) Confessed to undercover officers that he thought were criminals about committing a crime. Didn"t believe the person he was confessing to was an officer. Invoked his right to silence but was continuously asked questions, eventually giving them information. Supreme court of canada ruled that this was allowed. R. v. mccrimmon (2010) and r. v. sinclair (2010) Ruled that right doesn"t provide accused with the lawyer they request.
