Flashcards
Case Law
Cards in this deck (12)
- 1R. v. Chehil, 2013An inspection is not necessarily a detention. There has to be a balance between compliance search and the privacy of people
- 2R. v OickleStatements made to a person in authority must be made voluntarily.
The underlying principle is wrongful convictions. The courts consider 4 things when determining voluntariness: threats/promises, atmospheric oppression, operating mind and police trickery - 3R. v KokeschWarrantless search of a perimeter of a dwelling to collect evidence is NOT ALLOWED
- 4R v CaslakeIncidental inspection leading to arrest is allowed
- 5R v Atkinson & RobertsCase law from Manitoba that felt with an officer doing a routine vehicle check that was challenged as an unlawful detention under the charter
- 6R v LaudaUnknown owner of field where someone was growing dope out in the open. Officers did breach section 8 of the charter but the evidence was still allowed because the expectation of privacy in the random farmer’s field was much less than if it were to be a residence that the person owned
- 7R v DuarteUsing a hidden microphone to record your conversation with an accused suspect w/o their knowledge is ILLEGAL (unless you have a warrant) b/c it is an invasion of personal privacy under section 8 of the charter
- 8R v EdwardsSection 8 of the charter protects people, not places. The guy kept a stash of drugs at his girlfriend’s apartment so with her permission police could search for the drugs.
- 9R v KwiatkowskiPolice used aerial surveillance to collect evidence and get a warrant
- 10R v WongPolice installed hidden cameras in a hotel room to obtain evidence. The court ruled that it was an invasion of privacy under section 8 of the charter. Evidence inadmissible
- 11R v GauthierOfficers inspection of the vehicle was justified b/c: they had RG, no offence initially determined, sec 49 of Fisheries act gives power to inspect, reasonable to move items around to see if something was hidden, once fish were found in the sleigh it was reasonable to check the truck too
- 12R v Suberu AND R v MannBrief investigative detentions are allowed and do not breach sec 10
The police cannot said to “detain” every person they stop for means of identification/for an interview
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- Flashcards on Case Law, created by Katlyn Prosek on 03/01/2018.
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- Katlyn Prosek
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