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Questions and Answers
What is required for an individual to lay an information in writing under Section 504?
What is required for an individual to lay an information in writing under Section 504?
What happens if the Crown decides to stay the proceedings?
What happens if the Crown decides to stay the proceedings?
In what scenario must the court dismiss charges?
In what scenario must the court dismiss charges?
Which of the following methods can be used to lay an information?
Which of the following methods can be used to lay an information?
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What is required for the justice of the peace when laying an information?
What is required for the justice of the peace when laying an information?
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What kind of evidence can satisfy a police officer's requirement to lay an information?
What kind of evidence can satisfy a police officer's requirement to lay an information?
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What must happen if charges are withdrawn?
What must happen if charges are withdrawn?
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What does the term 'stay of proceeding' mean?
What does the term 'stay of proceeding' mean?
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What must an arresting officer subjectively have to base an arrest?
What must an arresting officer subjectively have to base an arrest?
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In the case of Biron, what was the outcome regarding the charge of causing a disturbance?
In the case of Biron, what was the outcome regarding the charge of causing a disturbance?
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What does 'finding committing' mean according to the Roberge case?
What does 'finding committing' mean according to the Roberge case?
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What did the Saskatchewan Court of Appeal conclude regarding the smell of marijuana in a vehicle?
What did the Saskatchewan Court of Appeal conclude regarding the smell of marijuana in a vehicle?
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What principle was established by the Supreme Court of Canada in Grant regarding unlawful detention?
What principle was established by the Supreme Court of Canada in Grant regarding unlawful detention?
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What is a primary requirement for the police regarding evidence for an arrest?
What is a primary requirement for the police regarding evidence for an arrest?
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According to the Ontario Court of Appeal in R.v.Duguay, what does unlawful arrest imply?
According to the Ontario Court of Appeal in R.v.Duguay, what does unlawful arrest imply?
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What does S. 9 of the Charter protect individuals against?
What does S. 9 of the Charter protect individuals against?
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What was the main legal issue addressed in the Supreme Court cases of Hufsky and Ladouceur regarding random stops by police?
What was the main legal issue addressed in the Supreme Court cases of Hufsky and Ladouceur regarding random stops by police?
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What justified the random stop conducted in R.v.Mellenthin?
What justified the random stop conducted in R.v.Mellenthin?
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In R v.Nolet, what was found inside the truck during the spot check?
In R v.Nolet, what was found inside the truck during the spot check?
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What was the outcome regarding the evidence obtained during the unreasonable search in R.v.Mellenthin?
What was the outcome regarding the evidence obtained during the unreasonable search in R.v.Mellenthin?
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How did the Saskatchewan Court of Appeal rule regarding the Charter breaches in R v.Nolet?
How did the Saskatchewan Court of Appeal rule regarding the Charter breaches in R v.Nolet?
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What legal principle allows random police stops under certain conditions?
What legal principle allows random police stops under certain conditions?
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What were the charges against the appellants in R v.Nolet following the findings of illegal substances?
What were the charges against the appellants in R v.Nolet following the findings of illegal substances?
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What does S. 9 of the charter protect against?
What does S. 9 of the charter protect against?
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What is the primary reason for a police officer to conduct a protective pat-down search during an investigative detention?
What is the primary reason for a police officer to conduct a protective pat-down search during an investigative detention?
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What must be established for the evidence obtained in a search during an investigative detention to be admissible in court?
What must be established for the evidence obtained in a search during an investigative detention to be admissible in court?
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According to the Saskatchewan Court of Appeal, which of the following searches is explicitly not allowed during a brief investigative detention?
According to the Saskatchewan Court of Appeal, which of the following searches is explicitly not allowed during a brief investigative detention?
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During a roadblock, what must police apply to determine the legality of detaining a vehicle?
During a roadblock, what must police apply to determine the legality of detaining a vehicle?
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What is the primary limit on the conduct of a pat-down search during an investigative detention?
What is the primary limit on the conduct of a pat-down search during an investigative detention?
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What does the court require for police to lawfully detain an individual for investigative purposes?
What does the court require for police to lawfully detain an individual for investigative purposes?
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What was the outcome of the R.v.Simpson case regarding the search and seizure of cocaine?
What was the outcome of the R.v.Simpson case regarding the search and seizure of cocaine?
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In R.v.BROWN, what did the court say about stops made solely based on a person's color?
In R.v.BROWN, what did the court say about stops made solely based on a person's color?
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What must the accused prove in relation to articulable cause for a stop in R.v.BROWN?
What must the accused prove in relation to articulable cause for a stop in R.v.BROWN?
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In R.v.Mann, what justified the police detainment of the individual?
In R.v.Mann, what justified the police detainment of the individual?
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What did the Supreme Court of Canada conclude about the evidence found in R.v.Mann?
What did the Supreme Court of Canada conclude about the evidence found in R.v.Mann?
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According to the decision in R.v.Simpson, what may justify detention under common law?
According to the decision in R.v.Simpson, what may justify detention under common law?
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What did the Ontario Court of Appeal emphasize as necessary for a police stop to be lawful?
What did the Ontario Court of Appeal emphasize as necessary for a police stop to be lawful?
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Study Notes
Private Prosecutions
- Anyone can lay an information in writing and under oath before a judge if they believe a person has committed an indictable offense.
- The Crown can take over private prosecutions and then stay the charges, continue as a conventional prosecution, or withdraw the charges.
- If the Crown withdraws charges, a new charge must be laid to recommence the proceedings.
- If the Crown calls for no evidence at trial, the court must dismiss the charges and make a finding of not guilty. The Crown can only start the proceedings again by appealing the acquittal.
Laying Information
- Information can be laid in person before a justice of the peace, or through telecommunications devices that produce a written document.
- The justice of the peace must state the information is true.
- The existing documents used to lay an information can be an appearance notice, summons, or arrest warrant.
R. v. Pilcher
- Police officers must have probable grounds to believe in the truth of the information.
- This does not mean they must have personal knowledge of all the facts, but they can be satisfied by reliable reports from other people in the course of the investigation.
R. v. Jeffrey & R. v. Storrey
- Arresting officers must have subjective and objectively justifiable grounds for an arrest.
- Reasonable grounds for arrest must be able to be concluded by a reasonable person in the officer's position.
- Police are not required to establish a prima facie case for conviction before making an arrest.
R. v. Biron
- The term "find committing" in section 495(1)(b) means "what was apparent to the police officer".
- This means that if a police officer observes someone committing an offense, they can arrest them even if the person is later found not guilty of the offense.
R. v. Roberge
- "Finding committing" means the police officer has reasonable and probable grounds to believe an offense has been committed.
R. v. Janvier
- The smell of marijuana in a vehicle does not justify searching it.
- A police officer needs more evidence to conclude the presence of further unsmoked marijuana.
S. 9 of the Charter and R. v. Duguay & R. v. Grant
- Everyone has the right not to be arbitrarily detained or imprisoned.
- Not every unlawful arrest is necessarily arbitrary. However, the Supreme Court of Canada has made it clear that every unlawful detention is necessarily arbitrary under S. 9.
Random Stops and S. 9
- Random stops, both fixed-location and roving, are considered arbitrary detention.
- However, they are allowed under section 1 of the Charter as demonstrably justified in a free and democratic society.
R. v. Mellenthin
- A police officer improperly asked the defendant about a gym bag in his car.
- After a series of questions, the officer established reasonable grounds to believe the defendant had marijuana.
- The Supreme Court ruled that evidence obtained from an unreasonable search at a check stop is inadmissible.
R. v. Nolet
- The Supreme Court upheld a ruling that found Charter breaches and excluded evidence relating to a search of a commercial truck during a spot check.
- Even though legal requirements for a spot check were met, the further search went beyond what was justified.
Investigative Detention
- Police can detain an individual for investigatory purposes if there are reasonable grounds to suspect they are connected to a crime and the detention is necessary.
- Police can engage in a search for safety reasons during an investigative detention if they believe the accused may have a weapon.
R. v. Simpson
- The court held that there is no statutory power allowing police to detain individuals for investigatory purposes.
- Investigatory detention may be justified under common law if the detaining officer has "articulable cause" for the detention, which goes beyond a hunch.
R. v. Brown
- The court held that it is improper for police to stop someone based on their race.
- The accused must prove on a balance of probabilities that there was no articulable cause for the stop if they believe they were stopped based on their race.
R. v. Mann
- Police stopped an aboriginal man after receiving a radio dispatch message about a break-and-entry in progress.
- The police officer found marijuana on the man during a search.
- The Supreme Court ruled that the evidence was inadmissible because the search went beyond a safety pat-down.
- The only search power available during an investigative detention is a search for safety reasons if there are reasonable grounds to believe the accused has a weapon.
R. v. Yeh
- The Saskatchewan Court of Appeal ruled that police cannot use sniffer dogs to search for drugs during a brief investigative detention.
- The court emphasized the need to separate the searches for safety reasons and those for drugs.
R. v. Clayton & Farmer
- The Supreme Court ruled that police can detain vehicles at roadblocks under the totality of the circumstances.
- Once a vehicle is stopped, police may be justified to conduct a search incident to arrest, depending on the circumstances.
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Description
Test your knowledge on private prosecutions, including the process of laying information and the implications of the R. v. Pilcher case. Understand the roles of the Crown and justice of the peace in these legal proceedings. This quiz will enhance your comprehension of the nuances in criminal law.
