Law and Admin-Chapter 6

The Charter of Rights and Freedoms

The biggest problem an officer will confront in an investigation

Coagulate

To change from a fluid into a thickened mass; curdle, congeal. When something coagulates it thickens or clots. It is often used when talking about liquids

Suspect

May be a person who committed the crime, but does not have enough evidence for conviction

Accused

Arrested and charged with a crime, waiting for their trial to begin

Section 8 of the charter

Everyone has the right to be secure against unreasonable search or seizure

The conditions which make a search reasonable

-It is authorized by law

-The law that authorizes the search is reasonable

-The manner in which the search is conducted is reasonable

Informed and Voluntary

The two key parts to gaining consent to a search. A person cannot be pressured into making an involuntary statement.

Common law searches

Searches where an officer does not require a warrant

The three things police can search anyone for

-Evidence related to the crime you are being arrested for

-Items that may harm a police officer

-Tools that may aid in your escape

Arrest

Lawful detainment of somebody

The reasons to continue an arrest on somebody

-To ensure appearance at court

-To prevent continuation of the offence

-Preserve evidence and prevent someone (the accused) from committing new crimes

Credo

A system of principles or beliefs

Section 10(b)

The right to instruct counsel (calling a lawyer) without delay, the accused must be informed of their right upon arrest or detention. They must be given a chance to exercise this right in a timely fashion

Section 11 (C)

Right to silence

Section 11(b)

The right to be tried within a reasonable time. Based off of the Jordan Decision.

Section 24

The remedies for infringement of Charter Rights

Section 24(2)

Evidence may be excluded, but can still be included even with the violation of the accused’s rights depending on the circumstances.

The test for excluding evidence under Section 24(2)

-Seriousness of Charter violation

-Impact of violation on accused person’s protected interests

-Societal interest in adjudication on merits of the case

Judicial stay of proceedings

A decision by a judge to halt any further legal process in a trial or proceeding against the accused; usually the result of improper actions on the part of the police or the prosecution

Telewarrant

A search warrant that is issued by telephone or other telecommunication method, such as fax

Informant

The person, usually a police officer, who swears the facts in an application for a search warrant or on a charging document

Information to obtain a search warrant

A sworn affidavit that serves as an application for a search warrant

Territorial Privacy

Privacy rights relating to places where an individual has a reasonable expectation of privacy

Informational privacy

Privacy rights relating to when, how and to what extent personal information is communicated to others

Personal Privacy

Privacy rights relating to the bodily integrity of an individual

Inadmissible

Refers to evidence that was obtained in a manner that breached a charter right and is disallowed by a trial judge so that the prosecution cannot use it as part of its case against the accused

Collins Test

Test that determines if a search is reasonable