Interpret the Charter
What is an exception for Police to announce who they are before entering.
What is Exigent circumstances.
This was how long approximately that Storrey spent in custody before he was charged.
How long is 18 hrs.
These Charter rights were infringed in R. v Evans
What is s 10
These Charter sections that were infringed in R. v. Fleming
What is s. 7 and s. 9
This is how long someone can wait barring special circumstances, before a first court appearance.
What is a 24 hour period.
This is where people have the greatest expectation of privacy.
What is one's Dwelling House
According to Biron, this is a lawful moment that you can resist arrest.
What is during an unlawful arrest
Although ultimately convicted of first-degree murder, Evans was initially charged with this offence.
What is narcotics (marijuana)
This was the doctrine featured in R. v. Fleming
What is the Ancillary Powers Doctrine?
Stribopoulos posits that of ss. 7, 8, 9, & 10, this section has the least direction from the Supreme Court of Canada
What is s.9?
This inky evidence constitutes protected biological information.
What is fingerprints
A sweet car that was driven by the attackers in Storrey.
This evidence was used to convict Evans and was the reason he confessed.
What is his fingerprints at the victim's house.
(TRUE/FALSE) There is a common law police power to arrest someone to prevent the breach of peace by others
This Canadian province requires a prosecutor to evaluate an arrest prior to laying charges.
Where is Quebec?
This section requires an officer to convince themselves subjectively, and convince others objectively to be reasonable.
Who is Darryl Cameron?
The is why the judges in R. v. Evans and R. v. S.E.V. reached opposite conclusions.
What is the voluntariness of the statements. (SEV knew what he was being investigated for)
This is the first stage of the ancillary powers doctrine
When does the police action at issue fall within the general scope of a statutory or common law police duty?
People may be arrested for these types of offences without the police getting a warrant first.
What are indictment and hybrid offences.
In R. v. Borden the suspect was informed of why he was arrested, but what key information did he not receive that was found to violate his s. 10(a) rights?
What is, He was not informed of the details of a second charge.
These two elements meet the subjective and objective requirements of a reasonable arrest.
What are a believe that they have reasonable grounds, and a reasonable person would objectively conclude, based on the evidence, that there were reasonable and probable grounds.
This case provided a 3 part test that was used to exclude the statements in R. v. Evans
What is R. v. Collins
This is where the ancillary powers doctrine failed in R. v Fleming
When substantial interference with individual liberty without justification to arrest when the person had done nothing unlawful.
This section of the Charter, according to Stribopoulos, is the best hope for a constitutional challenge to an unlawful arrest that does not rely on unreasonably obtained evidence.
What is s. 7