Warrantless Search + Seizure 1
What is a warrantless search?
a search conducted without a warrant; presumed to be unreasonable unless the Crown demonstrates, on a balance of probabilities
What is Section 8 of the Charter of Rights?
Section 8 states that everyone has the right to be secure against unreasonable search or seizure
When was Naomi Onotera reported missing?
August 29, 2021
What was the article about?
Canada's Supreme Court decided that warrants are necessary for police to get information from internet service providers, strengthening protections for online privacy and affecting laws on cyberbullying
What are the four levels of search power when searching a person?
From lowest level to highest level:
Field Search, Thorough Search, Complete/"Strip" Search, Body Search
What year did the powers for search incident to arrest change?
2014
When was Regis informed that he was a suspect for murder, and when was he arrested and charged?
Regis was informed on September 15th and was arrested and charged on December 17
How did they catch the 19-year old?
Police used his internet address to find his online service provider, all without a warrant
Regarding third party consent: does your landlord have the right to give consent for officers to enter your space?
No, it violates the person's charter rights as well as their expectation of privacy.
Can officers freely search your computer?
No, the courts have deemed that we have a high expectation of privacy
What is an "exigent circumstance"?
Situations in which there is “an imminent danger of the loss, removal, destruction or disappearance of the evidence if the search or seizure is delayed”
What is Bill C-13?
A cyber-bullying bill
Can police officers search your bags on public school premise?
No they can't, but they can be present when the search is occurring, a teacher or professor. If evidence is found, they can collect the evidence.
Does using search dogs violate the rights of the individual being searched?
Yes, but in court, it can be further discussed and the evidence found during the search can be used in court.
What is section 10(b) of the Charter of Rights?
(HINT: it was mentioned in our slides)
s. 10(b) - Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right
What was the high court's ruling on the Saskatchewan man's trial?
It was an 8-0 ruling; "The court affirmed that when Canadians surf the web, they should be guaranteed a degree of anonymity."
What does "bringing the administration into disrepute" mean?
According to section 24(2) of the Charter, it "seeks to ensure that evidence obtained through a Charter breach does not do further damage to the repute of the justice system". It also says observational evidence can be excluded if it was made by police officers after the Charter breach occured
Do the police have the authority to do a safety search on a detained individual if the officer has reasonable grounds to believe they have weapons/items that can threaten theirs and others' safety?
They no longer do; as of 2014, the conditions to justify these searches have become stricter. Officers need reasonable grounds to believe that the detained person, at the time, is armed and dangerous. They can't just search for evidence
What is a Voir Dire?
It is a trial within a trial; determines what evidence is admissible and could potentially be entered as evidence in a trial
What did Trudeau and other associations suggest doing with Bill C-13?
Splitting it into two separate bills; one covering cyber-bullying itself and the other focusing on lawful-access provisions