Private Prosecutions Guide
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Private Prosecutions Guide

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Questions and Answers

What is required for an individual to lay an information in writing under Section 504?

  • Personal knowledge of all facts
  • Approval from law enforcement
  • Reasonable grounds to believe an indictable offense was committed (correct)
  • Witness testimony from multiple sources

    • What happens if the Crown decides to stay the proceedings?

  • The charges can be reactivated within a year (correct)
  • The case is permanently closed
  • The defendant is automatically acquitted
  • A new trial must be held immediately

    • In what scenario must the court dismiss charges?

  • When the defendant provides an alibi
  • When the evidence is circumstantial
  • When the Crown calls for no evidence at trial (correct)
  • When the charges are withdrawn

    • Which of the following methods can be used to lay an information?

    <p>Laying information before a justice</p> Signup and view all the answers

    What is required for the justice of the peace when laying an information?

    <p>A statement that the information is true</p> Signup and view all the answers

    What kind of evidence can satisfy a police officer's requirement to lay an information?

    <p>Reliable reports from others</p> Signup and view all the answers

    What must happen if charges are withdrawn?

    <p>A completely new charge must be laid to recommence</p> Signup and view all the answers

    What does the term 'stay of proceeding' mean?

    <p>Stop of proceedings with potential reactivation</p> Signup and view all the answers

    What must an arresting officer subjectively have to base an arrest?

    <p>Reasonable and probable grounds</p> Signup and view all the answers

    In the case of Biron, what was the outcome regarding the charge of causing a disturbance?

    <p>Biron was acquitted</p> Signup and view all the answers

    What does 'finding committing' mean according to the Roberge case?

    <p>Reasonable grounds for believing an offense has been committed</p> Signup and view all the answers

    What did the Saskatchewan Court of Appeal conclude regarding the smell of marijuana in a vehicle?

    <p>It does not justify searching without further evidence</p> Signup and view all the answers

    What principle was established by the Supreme Court of Canada in Grant regarding unlawful detention?

    <p>Every unlawful detention is arbitrary under S.9</p> Signup and view all the answers

    What is a primary requirement for the police regarding evidence for an arrest?

    <p>To demonstrate reasonable and probable grounds</p> Signup and view all the answers

    According to the Ontario Court of Appeal in R.v.Duguay, what does unlawful arrest imply?

    <p>Not every unlawful arrest can be considered arbitrary detention</p> Signup and view all the answers

    What does S. 9 of the Charter protect individuals against?

    <p>Arbitrary detention or imprisonment</p> Signup and view all the answers

    What was the main legal issue addressed in the Supreme Court cases of Hufsky and Ladouceur regarding random stops by police?

    <p>The legality of arbitrary detention under section 9</p> Signup and view all the answers

    What justified the random stop conducted in R.v.Mellenthin?

    <p>Reasonable grounds to believe possession of marijuana</p> Signup and view all the answers

    In R v.Nolet, what was found inside the truck during the spot check?

    <p>392 pounds of marijuana and $115,000 in cash</p> Signup and view all the answers

    What was the outcome regarding the evidence obtained during the unreasonable search in R.v.Mellenthin?

    <p>The evidence was deemed inadmissible in court</p> Signup and view all the answers

    How did the Saskatchewan Court of Appeal rule regarding the Charter breaches in R v.Nolet?

    <p>It determined no Charter violation had taken place</p> Signup and view all the answers

    What legal principle allows random police stops under certain conditions?

    <p>Demonstrated justification as per section 1 of the charter</p> Signup and view all the answers

    What were the charges against the appellants in R v.Nolet following the findings of illegal substances?

    <p>Trafficking and possession of marijuana</p> Signup and view all the answers

    What does S. 9 of the charter protect against?

    <p>Arbitrary detention and imprisonment</p> Signup and view all the answers

    What is the primary reason for a police officer to conduct a protective pat-down search during an investigative detention?

    <p>To ensure the officer's safety or that of others</p> Signup and view all the answers

    What must be established for the evidence obtained in a search during an investigative detention to be admissible in court?

    <p>The search was limited to a protective pat-down</p> Signup and view all the answers

    According to the Saskatchewan Court of Appeal, which of the following searches is explicitly not allowed during a brief investigative detention?

    <p>A search conducted with a sniffer dog</p> Signup and view all the answers

    During a roadblock, what must police apply to determine the legality of detaining a vehicle?

    <p>The totality of the circumstances test</p> Signup and view all the answers

    What is the primary limit on the conduct of a pat-down search during an investigative detention?

    <p>It must not result in an extensive search beyond a safety check</p> Signup and view all the answers

    What does the court require for police to lawfully detain an individual for investigative purposes?

    <p>Articulable cause</p> Signup and view all the answers

    What was the outcome of the R.v.Simpson case regarding the search and seizure of cocaine?

    <p>The accused was acquitted</p> Signup and view all the answers

    In R.v.BROWN, what did the court say about stops made solely based on a person's color?

    <p>They are deemed improper</p> Signup and view all the answers

    What must the accused prove in relation to articulable cause for a stop in R.v.BROWN?

    <p>That there was no articulable cause for the stop</p> Signup and view all the answers

    In R.v.Mann, what justified the police detainment of the individual?

    <p>A radio dispatch about a specific crime in progress</p> Signup and view all the answers

    What did the Supreme Court of Canada conclude about the evidence found in R.v.Mann?

    <p>It was excluded because the search was unlawful</p> Signup and view all the answers

    According to the decision in R.v.Simpson, what may justify detention under common law?

    <p>Articulable cause</p> Signup and view all the answers

    What did the Ontario Court of Appeal emphasize as necessary for a police stop to be lawful?

    <p>Clear and reasonable grounds that can be expressed</p> Signup and view all the answers

    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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    Criminal Procedures and Evidence PDF

    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.

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