FEDERAL POLICE
RCMP – all provinces except
Ont., Que., & Nfld.
PROVINCIAL POLICE
Ex. OPP & Surete du Quebec
Most expensive component of criminal justice; $10 billion / yr.
MUNICIPAL POLICE
Ex. Gang Crime Unit, Robbery
Squad, Homocide,
ABORIGINAL POLICE
Used in conjunction with other
forces to preserve culture.
RCMP
PERCEPTIONS
x
x x
1. ARRIVING AT THE CRIME SCENE
Three Tasks: a. Assist the injured / Ambulance
b. Call assistance to eliminate any further harm (Ex. Bombs)
c. Search scene => assume suspects are present & armed.
2.
PROTECT & PRESERVE THE SCENE
place.
Establish the boundaries: a. The Center – Where the act took place.
b. The Perimeter- Surrounding area; evidence??
Ensure no evidence is contaminated. Admissible???
Police Log – A written record of everything witnessed; testify in court
3. OFFICERS ROLE AT A SCENE
Four types of officers:
A. Police Officer (“Beat” – area he checks regularily)
- usually 1st on scene. Secure => Protect (Yellow Tape) =>interview/arrest
B. Scene Of Crime Officer – Evidence collection (photos, prints, tires, blood)
- tend to be less serious offences (B & E, thefts)
C. Criminal Identification Officer - More serious evidence (DNA, labwork)
D. Criminal Investigations Bureau Officer – plainclothes detective.
x x (homicide, robbery, sex offences) Training = interviews etc.
Specialized
IMPORTANCE – The crown must prove the accused was at the scene.
FORENSIC SCIENCE – Science used to analyze the evidence
Identification
Services
Trace Evidence /
Explosives
Specialties
Toxicology
Firearms
Anticounterfeiting
(Documents)
DNA analysis took 101 days to
complete at the end of 1999
(Vancouver and Ottawa labs averaged
171 days)
Six Delivery
Sites
The RCMP had developed a two-tier
priority system with turnaround targets
of 15 days for urgent requests and 30
days for routine ones
Vancouver
Edmonton
Regina
Winnipeg
Ottawa
Halifax
TOOLS – Used in the
Commission of a crime.
IMPRESSIONS
FINGERPRINTS
LATENT F-PRINTS
INVISIBLE TO EYE
FUMING
PHYSICAL EVIDENCE
Tangibles used to prove facts relating to the case.
Most important type of evidence; greater than witness testimony
GLOVES
Not Fool-proof
SHOE/TIRE
PRINTS
Height, weight,
direction, vehicle etc.
DNA
CAUTION – Not the be-all-end-all
Firearms
 Serial number restoration
 Range determination
 Ballistics identification
 Rifling
marks on bullet
 Firing pin impressions and ejection
markings on casing


Finger print patterns
Fingerprint ridge characteristics
The Arch
The Tented Arch
The Central Pocket Whorl
The Accidental Whorl
The Loop
The Whorl
1.
2.
3.
4.
Wipe your window clean
Choose one person to leave ten
identical prints
Everyone in the group will make an
ink print on the same card and label it
A, B, C, etc. (on the back of the card,
record the exhibit number of the
person completing step 2)
Each group member will lift a print
and analyze it.
Chain of custody must not be broken.
It must show:
1. Who had contact with evidence.
2. Date & times handled.
3. Circumstances handled.
4. Any changes made to evidence.
EVIDENCE PACKAGE
1. Description of item.
2. Police case number
3. Date.
4. Location.
5. Brand Names (if possible)
6. Serial #s
7. Name & Badge of police officer.
8.x Destination info.
x
Process
Cost $
Pre-trial prison costs
800 thousand
Trial support and operations
6.6 million
Victim Services
2.5 million
RCMP Investigation (BC cost)
70 million
RCMP Investigation (Fed cost)
30 million
Defence
12 million
Crown Attorney
9 million
Other
1 million
Total
132 million (approx.)
QUESTIONING THE ACCUSED
Sec. 7 of Charter “right to remain silent.”
"I am arresting you for (charge). It is my duty to inform
you that you have the right to retain and instruct counsel
without delay. You may call any lawyer you want. There
is a 24-hour telephone service available which provides
a legal aid duty lawyer who can give you legal advice in
private. This advice is given without charge and the
lawyer can explain the legal aid plan to you. If you wish
to contact a legal aid duty lawyer, I can provide you
with a telephone number. Do you understand? Do you
want to call a lawyer? You are not obliged to say
anything, but anything you do say may be given in
evidence."
Note – Young people = Youth Criminal Justice Act
Police will start criminal cases by either arresting or detaining the suspect.
ARREST – taking away ones liberty by taking him/her into
custody. Must have reasonable grounds.
Four steps of a lawful arrest:
1. Identify as a police officer.
2. Inform suspect he/she is under arrest
3. Inform accused of charge
(& warrant if obtained)
4. Touch the accused = legal custody.
Once in custody => rights to counsel.
What if something is missed?????
DETENTION - taking away ones liberty for the purpose of asking
questions; with or without physical restraint.
- must inform of reasons detained & right to counsel.
THE FOUR-STAGE APPROACH
1. The entire incident
2. The period before the offence
3. Actual details of the offence
4. The period following the offence
Questioning your peers
APPERANCE NOTICE
A legal document for
less serious offences
forcing the accused to
court.
If fails to appear =
bench a warrant.
Now = two charges;
the original and
failure to appear.
(likely to stay in jail???)
ARREST WITH
WARRANT
Summons is produced for
Indictable offences & orders
accused to appear in court.
Delivered by sheriff.
Failure to appear = bench
warrant.
Arrest warrant is produced
for accused who are
dangerous or flight risks.
Information – statement
under oath giving details of
crime. Used to get arrest
warrants.
ARREST
WITHOUT
WARRANT
Three grounds for
arrest without a
warrant:
1. reason to believe
accused committed
or is about to commit
an indictable offence.
2. In the act of
committing a
criminal offence.
3. Find a person with
an arrest warrant
Shoplifting – Most common form.
Section 494 of the Criminal Code of Canada
Arrest without warrant by any person
(1) Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful
authority to arrest that person.
Arrest by owner, etc., of property
(2) Any one who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of
property, may arrest without warrant a person whom he finds
committing a criminal offence on or in relation to that property.
Delivery to peace officer
(3) Any one other than a peace officer who arrests a person without warrant
shall forthwith deliver the person to a peace officer.
R. v. Asante-Mensah – p. 216
xx
Goal is to balance the right to privacy with the fundamentals of justice.
SEARCHING A PERSON
The police do not need a
warrant to search a person
they have just arrested.
CONDITIONS
A. Arrest must be lawful.
B. Search = connected to
arrest.
C. Must be reasonable.
Evidence samples may be taken
for serious cases and DUI
charges.
“Pat-downs “at scene & strip
search @ the station.
R. v. Mann – p. 205
R. v. Buhay – p. 207
Goal is to balance the right to privacy with the fundamentals of justice.
SEARCHING A PLACE
Residences, offices, homes, &
lockers (bus / not school) need a
search warrant.
Search warrants = specific location,
properly completed, a sworn
information (with all specifics).
Conducting a Search – must follow
“specifics,” id themselves, present
warrant, can seize all items in
warrant & anything in plain view
related to case.
R. v. Patrick – p. 216
R. v. Golden – p. 217
Telewarrant – warrant over phone.
Evidence – trial items kept in police
custody (anything else return is 3
mo.s).
Police can enter home without
warrant if :
1. injury or death possible
2. destruction of evidence
Controlled Drugs & Substance Act
Allows for searches anywhere but
home without a warrant.
Police can search vehicles for illegal
alcohol or suspect crime. Homes
need a warrant.
If acquitted
info usually
kept for 10 yrs.
LINE-UPS
Rarely used.
If accused agrees.
x
x
x
PROMISE TO APPEAR
BAIL
Accused signs document stating
he will appear at trial. Bench
warrant if = no-show.
The temporary release of an accused
who posts $ for security.
RECOGNIZANCE
A guarantee the accused will
show in court. Can be fined up
to $500 and may involve a
surety ( a person who agrees to
pay if a no-show)
Bail hearing within 24 hrs.
Show-cause Hearing – Crown or
accused convinces judge of yes or no
to bail.
Cause = flight, risk, or just cause.
Reverse Onus – Usually crown has to
prove cause.
Exceptions – Murder, Indictable
while on bail, breach of bail
conditions, serious drug charges,
serious gun charges.
Habeu Corpus – May be used as a
defence to no bail. Success Rates??
Arrest &
not
released
by police
with
Promise
to Appear
First
Appearance
in Court
(arraignment
– read
charges and
enter plea)
Released
while
awaiting
trial OR
release
denied
Disclosur
e of
evidence
Plea
negotiatio
nOR wait
for trial
x
x
x x x
x
x
x x x
x
x
x x x