LAWS 3307 Lecture Notes - Lecture 4: Indictable Offence
3 Feb 2016
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Document Summary
Diversion: taking them out of the court process. S 30 youth should be housed separately than adults. Any individual can arrest someone if they watch them commit an indictable offence. Choice to have lawyer present upon questioning. Remedies: ask the judge to exclude evidence that was obtained by the violation. Her client was given the right to call a lawyer, call someone, didn"t call his parents, admitted to everything but then police realize he was not an adult remedy to take out all the evidence. Not all is acceptable and sometimes leads to improper questioning. Youth profiling: stopping and talking to youth they try to frame it as proactive policing. Police must have a reason to keep going if they attempt to search or arrest. Ycja status of a yp decides whether you are actually detained. R v. mrr someone bringing drugs to a dance, pulled out and searched.
