Court Testimonies and Warrants Quiz

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Questions and Answers

Which of the following is considered a prohibited firearm according to the text?

Firearms designed to fire after being lengthened to 680mm

Modified shotguns with a barrel length of 600mm

Rifles with an overall length of 700mm

Handguns with a barrel of 100mm (correct)

Under what circumstances does a person commit an offence according to CC85(1)?

Using a firearm during flight after committing a summary offence

Using a firearm while committing an indictable offence (correct)

Using a firearm while committing a summary or hybrid offence

Using a firearm while attempting to commit a hybrid offence

What kind of firearm is included in the class of restricted firearms as per the text?

Handguns listed as prohibited firearms

Fully automatic firearms

Handguns with barrels of less than 100mm (correct)

Modified rifles with an overall length of 700mm

What is the purpose of Public Safety Seizure as described in CC 117.04(1)?

To prevent a person from possessing weapons for safety reasons when no criminal offences are known Signup and view all the answers

What triggers the issuance of a search warrant according to CC 487(1)?

Reasonable grounds to believe that evidence related to an offence can be found at a specific location Signup and view all the answers

In what situation can a court issue a warrant to arrest and bring a person to give evidence?

If the person is likely to evade service of a subpoena Signup and view all the answers

What type of court has the authority to issue a subpoena for a person to give evidence before it?

Provincial court judge acting under part xix Signup and view all the answers

When can a warrant in form 17 be issued by a court, justice, or provincial court judge?

To arrest someone who is likely to evade service of a subpoena Signup and view all the answers

What must be demonstrated to justify the issuance of a warrant in form 17?

The likelihood that the person will not attend in response to a subpoena Signup and view all the answers

Which type of evidence can lead to the issuance of a subpoena for a person to attend court proceedings?

Information obtained through surveillance Signup and view all the answers

What was the outcome of the trial for J?

He was convicted and appealed the decision. Signup and view all the answers

In what circumstances did the judge direct a new trial for producing statements?

Non-production of the statements affected the trial outcome. Signup and view all the answers

Under what section of the Canadian Charter of Rights and Freedoms (ccrf) did J seek a stay of proceedings?

Section 11(b) Signup and view all the answers

What did the trial judge consider when dismissing J's application for a stay of proceedings?

Public safety concerns Signup and view all the answers

Which circumstance would deem an offense to have been committed in any territorial division?

Sequentially commenced and completed in different territorial divisions. Signup and view all the answers

What is the purpose of MSU (Mobile Surveillance Unit) as mentioned in the text?

To provide additional evidence for court cases without judicial authorization Signup and view all the answers

How can markings on bills indicate something about the money?

A single mark suggests the person who counted the money Signup and view all the answers

What type of evidence is crucial when investigating individuals with potential criminal involvement?

Information from legitimate sources of income Signup and view all the answers

What does 'two markings' on bills/bundles indicate according to the text?

A defined pattern or potential issue Signup and view all the answers

Which activity is NOT mentioned as a function of MSU teams in Ontario according to the text?

Conducting public safety campaigns Signup and view all the answers

What was the accused charged with in the case involving R vs Stinchombe scc 1991?

Breach of trust, theft, and fraud Signup and view all the answers

Why did the defence counsel request disclosure of the witness's written statements?

To determine if the witness's statements were favorable or unfavorable to the defence Signup and view all the answers

What crucial information was defense counsel not provided regarding the written statements of the witness?

The content of the statements Signup and view all the answers

Why did the trial judge dismiss the defense counsel's application regarding the witness's statements?

Because he deemed it unnecessary based on the evidence presented Signup and view all the answers

Why does the excerpt emphasize that firearms are not required to be part of precipitating events for public safety concerns?

To highlight the importance of maintaining public safety regardless of firearm involvement Signup and view all the answers

What is the significance of a Part VI authorization under the criminal code?

It allows law enforcement to conduct wiretapping operations. Signup and view all the answers

Under Section 10 of the Charter, what rights does a person charged with an offence have?

The right to be informed promptly of the reasons for the charges. Signup and view all the answers

What does Section 8 of the Charter guarantee?

The right to be secure against unreasonable search or seizure. Signup and view all the answers

In what circumstances might an agent provide services to the police without payment?

To introduce an undercover operator. Signup and view all the answers

Which judicial authorization allows for assisting investigations through wiretap operations?

Wiretap authorization under Criminal Code sec 184 Signup and view all the answers

Which individual was duped by a police agent into selling kilos of cocaine and a firearm?

Ryan (Big Red) Daigneault Signup and view all the answers

What charges did Ryan Daigneault and Daniel Bell plead guilty to before Superior Court Justice Spence Nicholson?

Two counts of trafficking cocaine and one count of offering to transfer a handgun Signup and view all the answers

What is the consequence of evidence obtained in a manner that infringes on rights or freedoms guaranteed by the charter in court proceedings?

It shall be excluded if it brings the administration of justice into disrepute Signup and view all the answers

Who was arrested as part of a police biker enforcement crackdown in the text?

Ryan (Big Red) Daigneault Signup and view all the answers

Which club did Ryan Daigneault serve as the President of according to the text?

London Outlaws Motorcycle Club Signup and view all the answers

What item did Ryan Daigneault supply to the police agent who duped him into selling drugs and a firearm?

Encrypted cell phone and biker vest Signup and view all the answers

Study Notes

Compelling Witness to Court

A subpoena may be issued to require a person to attend and give evidence in a proceeding to which the Act applies (699(1))
A warrant may be issued to cause a person to be arrested and brought to give evidence if they are likely to give material evidence and are evading service of a subpoena or will not attend in response to a subpoena (699(2))

Inferring Residence

Factors to consider when inferring residence include:
- VerseIDX, prior occurrences, MTO records, and R/O of a car parked in a driveway
- Surveillance indicating regular in/outs

R vs Stinchombe SCC 1991

The accused, a lawyer, was charged with breach of trust, theft, and fraud
A Crown witness gave evidence favourable to the defence at the preliminary inquiry
Defence counsel was not informed of the content of subsequent statements made by the witness
The trial judge dismissed the application to compel the Crown to disclose the statements
The appeal was allowed, and a new trial was directed

R vs Jordan SCC 2016

The trial ended in February 2013, and the application under s.11(b) of the CCRF was dismissed
The Court of Appeal dismissed the appeal
Infringement on s.11(b) rights was found

Designating the Jurisdiction in Multi-Jurisdictional Investigations

Section 476 of the Act states that an offence committed in or on any water or on a bridge between two or more territorial divisions is deemed to have been committed in any of those divisions
An offence committed on the boundary of two or more territorial divisions or within 500 meters of the boundary is also deemed to have been committed in any of those divisions

Firearms and Weapons

Bill C-68 required non-restricted firearms to be registered, but this was rescinded by Bill C-19 on April 5, 2012
Restricted firearms include handguns not listed as prohibited firearms and firearms designed or adapted to fire after being reduced in length
Prohibited firearms include fully automatic firearms, converted automatic firearms, and modified rifles or shotguns with an overall length of less than 660mm or a barrel length of less than 457mm
Using a firearm during an offence is an offence under CC 85(1)

Search and Seizure Authorities

A search warrant can be issued under CC 487(1) if there are reasonable grounds to believe that there is evidence of an offence or something that will reveal the whereabouts of a person who is believed to have committed an offence
A public safety seizure can be conducted under CC 117.04(1) or (2) if there are reasonable grounds to believe that it is not desirable for a person to possess a weapon or other item in the interests of public safety

Judicial Authorizations to Assist Investigations

Judicial authorizations include:
- Production orders under CDSA 11(1) and CC 487.01
- Part VI authorization under CC 184 (wiretap)
- Search warrants under CC 487(1)
The Charter of Rights and Freedoms sections 8, 9, 10, and 24 apply to investigations and judicial authorizations

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Test your knowledge on legal procedures related to compelling witnesses to appear in court and issuance of warrants based on the Criminal Code of Canada. Explore scenarios involving subpoenas and material evidence in court proceedings.