CRIM 251 Lecture Notes - Lecture 5: Indictable Offence, Stimulator Of Interferon Genes, Lethal Force
3 May 2018
School
Department
Course
Professor
Crim 251: Police Powers and The Use of Force
Arrest and Detention, Search and Seizure, Use of Force
Police Powers
Key Legislation
- Criminal Code: gives power for the police to do various types of things (empower)
- Charter: sets limit to their powers, the charter is their check.
The Charter and the Courts
- Charter combined with pre-existing rules, provide legal safeguards against the unlimited
use of police power
- Specific powers of Canadian police are constantly evolving as a result of court decisions
and changes in law. They have authority to get a warrant.
- Some key court rulings that have impact police
o Stinchcombe – disclosure (disclose all of their information to defence council, so
you can make a case on behalf of it)
o Spencer – Telecom Information
o Hart: ^ MR.BIG STING (police (RCMP) did it for people who they committed
crimes but had no evidence, they set up a fake gang guy and he recruits these
ppl and tricks them)
o McNeil – disclosure of police records: must submit to defence council
- Impact of R. V. JORDAN? (must be charged within 18 months-30 months after charges
have been laid)
Arrest and Detention (physical or psychological)
- Arrest can be made for any reason, to prevent s fight, to compel someone to commit
something, Break of any conditional sentence
- Gotta read their rights knon as hartering a suspet you need to kno hy.
- If time, police can obtain an arrest warrant by swearing an information before a JP
- Police can arrest without a warrant if they:
o Have caught a person in act of committing a crime
o They have reasonable grounds to believe an indictable offence has been
committed.
o They believe the person is about to commit an indictable offence
o They have knowledge that a warrant has already been issued for a person’s
arrest
Search and Seizure
- Authorized by law, law has to be reasonable, manner of search must be reasonable.
- Generally you need a warrant
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Crim 251: police powers and the use of force. Arrest and detention, search and seizure, use of force. Criminal code: gives power for the police to do various types of things (empower) Charter: sets limit to their powers, the charter is their check. Charter combined with pre-existing rules, provide legal safeguards against the unlimited use of police power. Specific powers of canadian police are constantly evolving as a result of court decisions and changes in law. Impact of r. v. jordan? (must be charged within 18 months-30 months after charges have been laid) Arrest can be made for any reason, to prevent s fight, to compel someone to commit something, break of any conditional sentence. Gotta read their rights kno(cid:449)n as (cid:862)(cid:272)hartering a suspe(cid:272)t(cid:863) you need to kno(cid:449) (cid:449)hy. Police can arrest without a warrant if they: Authorized by law, law has to be reasonable, manner of search must be reasonable. Generally you need a warrant: v. mann.
