random
what is a "reverse onus"?
when you make the accused prove they are not guilty, rather than keeping the burden of proof on the Crown to prove their case
what is protected against unreasonable search and seizure by s. 8?
people, their information, and some places
what is the first step in assessing whether evidence should be excluded under s. 24?
a causal link must be established between the evidence and the Charter infringement
What are the three types of police detention?
1) physical (i.e., arrest)
2) psychological with legal compulsion
3) psychological without legal compulsion
Why is R v Stinchcombe important?
it established that the Crown has a requirement to disclose all evidence and relevant information to the accused
what are the four principles of fundamental justice that we discussed in class?
arbitrariness, gross disproportionality, overbreadth, vagueness
explain the steps in the Hunter test; when are they used?
Hunter is used when there is a warrant.
1) search/seizure presumptively needs a warrant
2) the warrant needs to be judicially authorized
3) there must be reasonable and probable grounds established under oath that there will be evidence found during the search
What are the three conditions under which someone may be denied bail?
a person may be denied bail if they pose a flight risk, a risk to public safety, or granting them bail would contradict the administration of justice
What must police do if somebody evokes their right to counsel?
stop questioning them and facilitate access to legal counsel
why is R v Hebert important?
established that the right to silence is about the accused's choice to speak to the police or not - if they are tricked into doing so, they did not change their original choice and the evidence will be inadmissible
What is the best definition of a reasonable doubt (R v Lifchus)?
a doubt based on reason/common sense that can be connected to the evidence or the lack thereof
Explain the steps in the Collins test. When is it used?
Collins is used when there is no warrant OR when the Hunter test has failed.
1) was there authorization by law?
2) was the common law/statute authorizing the search/seizure unreasonable?
3) was the search/seizure conducted in a reasonable manner?
What does R v Zora tell us about bail conditions?
bail conditions must be tailored to the risk posed by the accused and cannot be decided mechanically
what is the confession rule and what might involuntariness arise from?
the confession rule requires that the crown prove (beyond reasonable doubt) that the accused's statements to a person in authority were voluntary
involuntariness may arise from oppressive interrogation conditions, diminished capacity, police trickery, and threats or promises
Explain entrapment "beyond opportunity"
this occurs when the police use threats or violence to induce someone into committing a crime (R v Mack)
if non suspect, no caution needed
if in between, recomended
if a detainee facing jeopardy, highly recomended
Explain step 3 of the Mills test (steps 1 and 2 are really simple).
1) define the subject matter of the search
2) does the claimant have a direct interest in this subject matter?
3) Does the claimant have a subjective expectation of privacy?
4) is the claimant's subjective expectation of privacy objectively reasonable?
explain the test for the exclusion of evidence set out in R v Grant?
1) the seriousness of the state's charter-infringing conduct
2) the impact of the breach on the interests of the accused
3) society's interest in adjudicating the case on its merits
When are s. 10(b) rights re-triggered?
when there is an objectively observable change in circumstances such as new procedures involving the detainee, a change in jeopardy, or reason to believe the initial consult was deficient
Explain R v Liew
the court ruled that voluntary admissions made to undercover officers are admissable as long as they were not elicited; two factors help determine if elicitation occurred:
1) did the state agent actively seek out information in an interrogation-like fashion?
2) did the state agent exploit their relationship with the accused or manipulate them?
Explain the test for the common-law expansion of police powers
1) define the police power being asserted and the liberty interests at stake
2) does the proposed expansion of police power fall within the general scope of police duty?
3) is the action a justifiable exercise of power to fulfill the duty defined - consider the importance to the public good and the necessity/extent of the interference with liberty
R v Edwards explains several factors to consider when assessing if a reasonable expectation of privacy exists. List at least 3
presence at the time of the search, possession/control of the item searched, ownership, historical use, ability to regulate access
Explain the ladder principle and list at least three types of conditions that may be attached to bail for the accused
the ladder principle states that the accused must be released at the earliest possible time and under the least onerous conditions; therefore, the crown must justify each condition placed on the accused as necessary
1) no financial obligations
2) the promise to pay a specific amount if they fail to comply with conditions
3) obligation to have one or more sureties
4) obligation to deposit money or security
5) if from out-of-province or 200+ km away, the accused must deposit money or security and may have to provide surety as well
What is the test in R v Grant (R v Le) for when a detention is occurring?
1) how would a reasonable person perceive events from the individual's POV?
2) Circumstances giving rise to the encounter
3) nature of police conduct
4) the characteristics of the individual
Explain entrapment "opportunity"
this occurs when police offer someone the opportunity to commit a crime without having reasonable suspicion that they are engaged in a criminal activity OR there is reasonable suspicion that criminal activity is occurring at a specific location