Court Cases That Effected Police Powers

Describe the case of R v Jordan SCC

• Barrett Richard Jordan

• Charged with drug offences in 2008

• His trial ended 49 months later

• He argued the delay violated s.11(b) (the right to be tried within a reasonable time) charter rights

• The outcome was a determined ceiling for how long between charge and trial

How did R v Jordan effect police powers?

The indirect impact on police powers was increased pressure on police to speed up investigations, better case management and police accountability

Describe the case of R v Spencer

• Police investigating a child pornography case

• Using an IP address, police asked Ryan Spencer's internet company for his personal information without a warrant

• SCC ruled in favour of Spencer

How did R v Spencer effect police powers?

The case had a large impact on police powers related to digital investigations. Now police require a warrant to obtain any form of digital identity information, as well as giving the public the right to online privacy

Describe the case of R v Bykovets

• Calgary police was investigating a trail of fraudulent online purchase

• Contacted the card payment processing company looking for the IP address connected to Andrei Bykovets

• Bykovets claimed it violated section 8 of the charter (unlawful search and seizure)

• SCC 5-4 majority in favor

How did R v Bykovets affect police powers?

Very similar to R v Spencer, police need a warrant to obtain any digital identification and expands on online privacy protection

Describe the case of R v Feeney

• 1991, police were investigating the murder of an elderly man in BC

• Witness mention seeing Micheal Feeney in the area

• Police went to Feeney's trailer without a warrant while he was sleeping and found evidence, and arrested him later

• SCC ruled in favour of Feeney as it violated his Right to be free of unlawful search and seizure (s.8)

How did R v Feeney affect police powers?

Had a large impact on police powers such as police needing a warrant to enter a domicile unless under urgent circumstances, heightened protection of privacy and training/procedural changes

Describe the case of R v Godoy

• Toronto police received a 911 call that disconnected

• Upon checking on the person who called, officers heard a woman crying and attempted to enter

• Godoy blocked the officers, but they entered, found a woman injured

• Officers charged Vincent Godoy with assault and obstructing police

• Godoy argued police entered his home illegally under section 8 of the Charter

• SCC ruled in favour of the police claiming the officers may enter if they have reasonable grounds to believe someone inside needs help

How did R v Godoy affect police powers?

This ruling enforced the standard that police have the power to enter in the case of emergencies, as well as 911 calls initiating this power as a call to 911 implies the person on the other line is in danger