LAW 534 Lecture 10: Lecture 10
22 May 2018
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Lecture 10: Chapter 11 and 12
Introduction – Chapter 11
• In this chapter, we review the legal principles that relate to investigations and searches
– these events can be expected in the regulatory field
• If necessary, review and recall basic concepts about the Charter
o Limitations placed upon government enactment of law and government actions
o Charter rights are not absolute. Section 1 states that they are subject to
reasonable limitations
• A key concept here is whether evidence obtained in an investigation can be excluded by
the defendant at trial
• Evidence obtained in violation of section 8 may be excluded at the discretion of the
court under section 24 (2).
Individual versus corporate rights
• Textbook is mainly concerned about privacy rights here
• Note that in some regulated industries, the business might be required to produce
information or to allow inspections
• R. v. Fitzpatrick
o Does forcing the defendant to produce hail reports and fishing logs violate the
defedat’s right agaist self-incrimination?
o Court characterized this as a non-adversarial relationship and stressed that
entering a regulated industry was a choice made by the defendant
o Lower expectation of privacy in business records
o Note R. v. Kooktook
The Broad Ambit of Inspection Powers Under Regulatory Statutes
• Regulatory statutes may provide specific powers for government to conduct inspections
without the need for a warrant
• Key points to understand:
o Courts respect that inspections are necessary to administer a regulatory statute
but are concerned that this may open the door too widely – developed a legal
test
o Carefully read passage at 11-10: Compliance audits do not require warrants. In
circumstances where the officer has reasonable grounds to believe that an
offence has been committed, a warrant must be obtained
o Review Inco case:
▪ particularly with respect to the IEB officer actions and testimony
▪ Although court discussed difference between compliance and criminal
law searches – not much guidance (more guidance in R. v. Jarvis later)
o If the government seds a uderoer aget (e.g. a perso ho looks like a
minor and does not present identification) to attempt to buy cigarettes or
alohol, is that etrapet ad uostitutioal?
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
In this chapter, we review the legal principles that relate to investigations and searches. These events can be expected in the regulatory field. If necessary, review and recall basic concepts about the charter: limitations placed upon government enactment of law and government actions, charter rights are not absolute. Statutory framework: true crimes, sentencing principles for organizations (mitigating and aggravating factors, above senior officer, the ladder is flat. Corporation committed for crime because senior officer had mens rea. But ask court that it was lower level senior officer and ask for lower sentencing. Increased sentences for fraud mandatory jail time of at least two years for fraud over million: revisions to provisions regarding restitution, community impact statements available for judge to consider the broader impact of the crime. Important note near end that enforcement remains an important factor in deterrence.
