The Police-Investigation, Arrest, and Bringing the Accused to Trial

Flashcards covering police duties, legal rights under the Charter, arrest and search processes, bail, and the Canadian court system.

Crown attorney

The official who decides whether to proceed with charges and is required to prosecute all cases fairly while also considering the public interest.

Beyond reasonable doubt

The legal standard of proof that the Prosecuting Attorney must meet to prove the defendant is guilty at trial.

What is always a principle of criminal law in Canada

A person accused of a crime is innocent until proven guilty

Sequence of criminal charges in Canada

The order of events for a person to be charged is $1$. Suspicion, $2$. Investigation, $3$. Arrest, and $4$. Charge.

Police Core Services

The primary duties of police officers include Crime Prevention, Law Enforcement, Assistance to victims, Maintenance of public order, Emergency response, and Investigation of Crime.

How is the behaviour of police conduct overseen

Legislatively, judicially, administratively, constitutionally

Where do police lay charges

In all provinces except BC and Quebec

After a criminal charge has been laid, the victim and the police do not have authority to withdraw, why?

The crown attorney has the ability to affect the outcome because they represent society, not the victim.

Appearance Notice

A legal document stating the criminal charge and court date, usually used for summary conviction offenses when the police believe the accused is not dangerous.

An Information

A statement given under oath that informs the court of the specific details of a criminal offense.

Purpose of an arrest

Lay charges, preserve evidence, prevent the accused from fleeing or committing further offenses

Bench warrant

A warrant issued if an accused person fails to attend court on the date shown on their appearance notice.

Lawful Arrest Requirements

For an arrest to be lawful, a police officer must identify themselves, advise the accused they are under arrest and the charges, provide cautions (right to remain silent/counsel), and physically touch the accused.

If the accused resists arrest the police may use:

As much force as necessary

Arrest Warrant

A legal document that names the accused, lists the offence, and orders the arrest, typically used if a suspect is dangerous or uncooperative.

Citizen's Arrest

A situation where ordinary citizens are permitted to arrest someone if they are defending property, witness an indictable offense, or are assisting a police officer.

Section $8$ of the Charter of Rights and Freedoms

The constitutional provision that protects Canadians from being subject to unreasonable search or seizure.

Telewarrant

A search warrant that can be obtained by telephone, fax, or e-mail when police require authority quickly and cannot appear before a judge in person.

Search warrant

Court order that authorizes police to search a specific place at a specific time

Section $24(2)$ of the CCRF

Allows a court to exclude evidence obtained in a manner that infringed Charter rights if admitting it would bring the administration of justice into disrepute.

Section $9$ of the Charter of Rights and Freedoms

Provides that everyone has the right not to be arbitrarily detained or imprisoned.

Duty Counsel

A lawyer provided to an accused person by the police if they have difficulty meeting with their own lawyer following an arrest.

Habeas corpus

A Latin term meaning "produce body," which in legal terms refers to the right to have a case presented to determine why the accused is being denied their freedom.

Show Cause Hearing

Also known as a bail hearing, where the Crown must show cause why the accused should be remanded to custody while awaiting trial.

Primary ground

Where detention is necessary to ensure attendance in court

Secondary ground

Where detention is necessary for the protection and safety of the public

Tertiary ground

Where detention is necessary in order to maintain confidence in the administration of justice

Bail

Money or property that is guaranteed to the court if the accused fails to appear in court at a later date.

Surety

A person who posts bail for an accused person and accepts responsibility for them.

Reverse Onus

A situation where the burden of proof is placed on the accused to justify why they should be granted bail, applicable in cases such as murder or serious gun crimes.

Disclosure

The process where the Crown reveals all evidence, including police notes and witness statements, to the defense prior to trial.

Preliminary hearing

A hearing for serious indictable offences used to determine if there is enough evidence to justify a trial.

When accused appears they enter a plea of “guilty” or “not guilty”. What does each plead sentence

Pleading Guilty gets you deferred for sentencing

Pleading not guilty will lead to a trial

Prima facie

A Latin term meaning "at first look," referring to a case where evidence is sufficient to prove the prosecution's case unless there is substantial contradictory evidence at trial.

Resolution Discussions

involves an accused person pleading guilty to a lesser charge or agreeing to a lighter sentence than if they were convicted in court

Plea negotiation

Also known as a plea bargain, occurring when the Crown makes a deal with the accused for a guilty plea in exchange for a lighter penalty; used in about $90\%$ of cases.

Supreme Court of Canada

The final court of appeal in the country, consisting of $9$ judges who hear cases of national importance and set national precedents.

Major Roles of the Supreme Court of Canada

Has unlimited jurisdiction in criminal matters, sets a national precedent, the 9 judges are appointed by federal gov and serve until 75