Podcast
Questions and Answers
Which of the following is considered a prohibited firearm according to the text?
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)?
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?
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)?
What is the purpose of Public Safety Seizure as described in CC 117.04(1)?
What triggers the issuance of a search warrant according to CC 487(1)?
What triggers the issuance of a search warrant according to CC 487(1)?
In what situation can a court issue a warrant to arrest and bring a person to give evidence?
In what situation can a court issue a warrant to arrest and bring a person to give evidence?
What type of court has the authority to issue a subpoena for a person to give evidence before it?
What type of court has the authority to issue a subpoena for a person to give evidence before it?
When can a warrant in form 17 be issued by a court, justice, or provincial court judge?
When can a warrant in form 17 be issued by a court, justice, or provincial court judge?
What must be demonstrated to justify the issuance of a warrant in form 17?
What must be demonstrated to justify the issuance of a warrant in form 17?
Which type of evidence can lead to the issuance of a subpoena for a person to attend court proceedings?
Which type of evidence can lead to the issuance of a subpoena for a person to attend court proceedings?
What was the outcome of the trial for J?
What was the outcome of the trial for J?
In what circumstances did the judge direct a new trial for producing statements?
In what circumstances did the judge direct a new trial for producing statements?
Under what section of the Canadian Charter of Rights and Freedoms (ccrf) did J seek a stay of proceedings?
Under what section of the Canadian Charter of Rights and Freedoms (ccrf) did J seek a stay of proceedings?
What did the trial judge consider when dismissing J's application for a stay of proceedings?
What did the trial judge consider when dismissing J's application for a stay of proceedings?
Which circumstance would deem an offense to have been committed in any territorial division?
Which circumstance would deem an offense to have been committed in any territorial division?
What is the purpose of MSU (Mobile Surveillance Unit) as mentioned in the text?
What is the purpose of MSU (Mobile Surveillance Unit) as mentioned in the text?
How can markings on bills indicate something about the money?
How can markings on bills indicate something about the money?
What type of evidence is crucial when investigating individuals with potential criminal involvement?
What type of evidence is crucial when investigating individuals with potential criminal involvement?
What does 'two markings' on bills/bundles indicate according to the text?
What does 'two markings' on bills/bundles indicate according to the text?
Which activity is NOT mentioned as a function of MSU teams in Ontario according to the text?
Which activity is NOT mentioned as a function of MSU teams in Ontario according to the text?
What was the accused charged with in the case involving R vs Stinchombe scc 1991?
What was the accused charged with in the case involving R vs Stinchombe scc 1991?
Why did the defence counsel request disclosure of the witness's written statements?
Why did the defence counsel request disclosure of the witness's written statements?
What crucial information was defense counsel not provided regarding the written statements of the witness?
What crucial information was defense counsel not provided regarding the written statements of the witness?
Why did the trial judge dismiss the defense counsel's application regarding the witness's statements?
Why did the trial judge dismiss the defense counsel's application regarding the witness's statements?
Why does the excerpt emphasize that firearms are not required to be part of precipitating events for public safety concerns?
Why does the excerpt emphasize that firearms are not required to be part of precipitating events for public safety concerns?
What is the significance of a Part VI authorization under the criminal code?
What is the significance of a Part VI authorization under the criminal code?
Under Section 10 of the Charter, what rights does a person charged with an offence have?
Under Section 10 of the Charter, what rights does a person charged with an offence have?
What does Section 8 of the Charter guarantee?
What does Section 8 of the Charter guarantee?
In what circumstances might an agent provide services to the police without payment?
In what circumstances might an agent provide services to the police without payment?
Which judicial authorization allows for assisting investigations through wiretap operations?
Which judicial authorization allows for assisting investigations through wiretap operations?
Which individual was duped by a police agent into selling kilos of cocaine and a firearm?
Which individual was duped by a police agent into selling kilos of cocaine and a firearm?
What charges did Ryan Daigneault and Daniel Bell plead guilty to before Superior Court Justice Spence Nicholson?
What charges did Ryan Daigneault and Daniel Bell plead guilty to before Superior Court Justice Spence Nicholson?
What is the consequence of evidence obtained in a manner that infringes on rights or freedoms guaranteed by the charter in court proceedings?
What is the consequence of evidence obtained in a manner that infringes on rights or freedoms guaranteed by the charter in court proceedings?
Who was arrested as part of a police biker enforcement crackdown in the text?
Who was arrested as part of a police biker enforcement crackdown in the text?
Which club did Ryan Daigneault serve as the President of according to the text?
Which club did Ryan Daigneault serve as the President of according to the text?
What item did Ryan Daigneault supply to the police agent who duped him into selling drugs and a firearm?
What item did Ryan Daigneault supply to the police agent who duped him into selling drugs and a firearm?
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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Description
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.
