Power
of
police
“Reasonable and
probable grounds”
01
You’re Busted
Charter rights at play
1. Everyone has the right to life, liberty and security of the
person and the right not to be deprived thereof except in
accordance with the principles of fundamental justice
2. Right to be free from unreasonable search and seizures of
their property and personal information
3. Right to be free from arbitrary detention or imprisonment
Upon arrest, charter section 10 says...
1. Upon arrest, everyone has the right to:
a. Be informed of why
b. Retain counsel promptly (and be told this)
c. Habeus Corpus (The right to have a judge determine the
validity of detention)
The arresting officer must:
1. Identify themself and identify the
accused person
2. Tell the accused they are under
arrest
3. Tell the accused WHY they are
under arrest
4. Touch the accused person - this
symbolizes custody
5. Inform accused they may have
legal counsel
6. Inform accused of right to silence
The Accused’s
rights
1. Must be informed of reason for
arrest
2. Has the right to retain counsel
(and must be informed)
3. Has the right to remain silent
until a lawyer is present
4. Right to be free from
unreasonable search
5. Right to fight unfair detention Habeus Corpus
Police rights
1. Right to search someone when
they are under arrest
2. Right to take arrested person to
police station
3. Right to fingerprint - if it’s an
indictable offense
questioning
1. Police must have reasonable
grounds for suspecting the
offender (evidence!)
2. Section 7 of the Charter:
Everyone has the right to life,
liberty and security of the person
and the right not to be deprived
thereof except in accordance with
the principles of fundamental
justice (right to remain silent)
questioning
Once informed of their rights,
anything the accused says or writes
can be used against them
Police cannot force a suspect to
answer their questions
The accused has no obligation to
answer any questions asked of them
by police
Detaining and
arrest
Right to be free from arbitrary detention
or imprisonment.
Being detained vs. arrested are very
different
Detention = your liberty is restricted
somehow
Might just be that you’re being asked a
question
Apprehending
people
There are 3 ways
1. Appearance Notice
2. Arrest with a Warrant
3. Arrest without warrant
Appearance notice
Accused has been
arrested but not
charged
Document says
when to come to
court
Accused learns if
they are charged
upon arrival
Accused sees a
judge and is
charged or not
Usually given by a
police officer
Arrest with a warrant summons
Summons sent to
person already
charged with
crime
Someone is
“served” a
summons with a
court date
They show up to
court
They don’t show up
They show up
voluntarily at
correct time and
learn
consequences
Warrant now
issued for their
arrest - “failure to
appear” added to
charges
oops
Arrest with a warrant - no
summons
Written court
order tells police
to arrest
The police have
reason to believe
this person will
NOT show up
voluntarily
“information”
Police, under oath,
share details of
offense to judge,
Judge decides on
warrant
Based on police
testimony, judge
decides if there
needs to be a
warrant
Go get em’
Police meet
accused with
warrant and bring
them to jail
Arrest without warrant
Person is
committing a crime
right now
“Reasonable
Grounds”
Arrest warrant
In front of the eyes
of the police
officer, who then
brings them in
There is a lot of
evidence indicating
accused did
commit or is about
to commit an
offense
Police believe they
are with someone
who has an
outstanding
warrant and bring
them in
Search laws
The right to privacy is guaranteed in
the Charter of Rights and Freedoms
“Anyone has the right to be secure
against an unreasonable search and
seizure”
So what is “reasonable”?
The accused can be searched ONLY
after they are arrested (unless there
is reason to believe illegal drugs or
weapons present)
Search warrant
Police must have one to search a
specific location
To get one, must lay an Information
(again), and a judge determines if a
warrant should be issued
Search rules
1. Must take place between 6am
and 9pm
2. Only evidence listed in warrant
can be collected (except for
drugs, alcohol, or firearms)
3. No people in the house can be
searched
Searching public places
1. No warrant necessary
2. Any person can be searched in a
public place if police have
reason to believe there is a need
(illegal drugs or weapons)
Searching people
1. Police do not need a warrant to
search someone they have
already arrested
2. This is typically a “pat down”
3. Strip searched - have strict
guidelines from the Supreme
Court of Canada and must be
done at a police station
4. People who are not arrested can
be searched only if there is
reasonable grounds to suspect
illegal drugs or weapons
Comprehension test
What are some citizen’s
rights?
When can people be
searched?
release/ bail
After arrest - most people are
immediately released. They are
not believed dangerous and will
show to their trial date
Detained until bail hearing - if
police believe the accused will
commit further crimes, is a threat
to people, or will not show in
court
Bail - money/property guaranteed
to the court to ensure the accused
will return for their court date.
If you do not show up to court, the
money or property are lost.
“Skipping bail”
If the accused is deemed a flight
risk they must remain in custody
until trial.
Serious offenses - “reverse onus”
Pleas
Most people guilty of a crime plea
guilty in provincial court. ~90%
For minor charges they are
sentences immediately.
For serious charges a “preliminary
hearing” may be required where the
Crown proves there is enough
evidence to indict
Resolution Discussions:
Defense and Crown lawyers try to
resolve case without a trial.
Can result in a “plea negotiation”
where charges and sentencing are
bargained over.
If both sides can agree on a result,
no trial is necessary.
Your task
1. Respond to the questions
regarding the 2 case studies
shared with you.
2. Create your own *short* case
study in which a charter right is
infringed - use the two shared
with you today as an exemplar.
THANKS!
Do you have any questions?
youremail@freepik.com
+91 620 421 838
yourcompany.com
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