Legal Issues In Policing LIIP

In this episode, Mike celebrates the Charter's 42nd birthday! On April 17, 1982 the Canadian Charter of Rights and Freedoms came into force. Listen to learn about some of the early discussion on the s. 8 (unreasonable search or seizure) and s. 9 (arbitrary detention) rights and how you can use the Supreme Court's interpretive framework to Charter proof your investigations.  
Also check out the Constitutional Policing Seminar Series Mike will be presenting! 


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In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Devos, 2024 MBCA 23 where police made a demand for breath samples following a single vehicle rollover where a 15-year-old passenger was killed. Did the officer have the required reasonable grounds for the breathalyzer demand? And what happens when judges don’t see all of the facts the same way? Can evidence be reasonably subject to different interpretations? And would the officer’s grounds stand up even when some of what the officer relied upon was discounted?  
Check out the JIBC Police Academy — International Use of Force Expert Conference — April 23-26, 2024. Last chance to register is April 16.


Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Maurer, 2024 SKCA 20 where a K9 was stabbed after police tried to arrest a man for sexual assault. Despite an acquittal on the sexual assault charge, the man was convicted at trial in provincial court for resisting arrest (s. 129(a)), injuring a law enforcement animal (s. 445.01(1)) and carrying concealed weapons (s. 90). Was the man’s arrest lawful such that the police were in the execution of their duties? Does the legality of an arrest even matter? Does a person have the right to resist an unlawful arrest?  Find out what an appeal court had to say. 


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In this episode, Mike discusses the New Brunswick Court of Appeal decision R. v. Morrison, 2024 NBCA 35 where police conducted an inventory search of a vehicle they towed from a bar parking lot. Did a request to be on the look out for the vehicle, having earlier been involved in a high-speed chase with the RCMP, taint the inventory search ? Or could police have other investigative reasons in mind when inventorying the vehicle and its contents. Did the police go too far in searching a book bag found on the front seat or a soft case found under it? And did the discovery of any drugs taint the issuance of a search warrant and render the search unreasonable under s. 8 of the Charter? 


Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

In this episode, Mike discusses recent survey results from polling about the amount of confidence or trust Canadians have in various institutions, including the school system, media, parliament, the justice system and courts, and the police. Just how did the police stack up against these other institutions? No surprises here. Check out the results for yourself.

Confidence in institutions and the media, 2023 — February 2024
Confidence in Canadian Institutions (infographic) — November 2023
Institutional Confidence: Canadians’ and Americans’ Perspectives — November 2023
Experiences of discrimination in daily life among Chinese people in Canada, and their perceptions of and experiences with the police and the justice system — August 2023

Note-able quotes:

"Any one can hold the helm when the sea is calm.” — Publilius Syrus
“A ship in harbor is safe, but that is not what ships are built for.” — John Shed
“A smooth sea never made a skilled sailor.” — Franklin Roosevelt 
Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

In this episode, Mike discusses dynamic entries and the legal standard for deviating from the long standing common law rule of "knock and announce" by looking at two recent Ontario Superior Court decisions, R. v. Russell, 2024 ONSC 529 (watch the police entry here) and R. v. Harper, 2024 ONSC 925. Learn about the origins of the rule and how the Supreme Court of Canada explained it more than a decade ago. Would you be prepared to justify an unannounced hard entry should you need to? Or would you be in the same position as the officers in the cases discussed? 

Check out the JIBC Police Academy — International Use of Force Expert Conference — April 23-26, 2024.
Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com