CRIM 131 Chapter Notes - Chapter 5: Arrest Warrant, Search Warrant, Indictable Offence
6 Feb 2017
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Charter of rights and freedoms & police powers. Police derive powers from number of sources. Charter has greatest impact on powers & activities of police. Gave those accused right to challenge actions of police in situations where rights might have been violated. Charter rights combine w/ existing legal rules to prevent unlimited use of power. Police cannot use certain investigative techniques w/o prior judicial authorization. If police gather evidence illegally, may be excluded from trial if use would bring administration of justice into disrepute. Defending feeling that police officers/prosecutors have used unfair tactics can plead not guilty & cite abuse of process as defence. Severe restrictions placed on investigative strategy of placing undercover officer in jail cell to elicit evidence from criminal suspect. All relevant info gathered during case investigation must be disclosed to defence attorney. Police officers must articulate why conducted search w/o warrant.
