Case Law

Question 1

R v grant S9 charter
S10 charter

Answer 1

S9 arbitrarily detained
S10 right to speak to lawyer

Question 2

R v grant
Can be psychologically detained in two situations

Answer 2

When under true legal obligation to not walk away from PO or other agent of the state
When they reasonably believe they have no option to walk away from PO or other agent of the state

Question 3

R v grant
Detention only justifiable if police have RPG to believe

Answer 3

Individual participating in criminal activity

Question 4

R v grant
s24 charter

Answer 4

Evidence discovered as a result of a breach prevents the use of that evidence when it would bring the administration of justice into disrepute.

Question 5

R v Jordan

Answer 5

New framework for deciding which delays to trial are reasonable and which are not.

Question 6

R v Jordan
Time limits for criminal trials to be complete

Answer 6

18 months in provincial Court
30 months for superior court

Question 7

R v Jordan
If the court finds the delay is unreasonable the remedy is

Answer 7

A judicial stay of proceedings.

Question 8

R v Prosper and R v Willier.
Prosper warning only required when

Answer 8

Suspect first asserts their rights to counsel and then changes their mind after reasonable efforts to contact counsel were unsuccessful.

Question 9

R v Prosper

Answer 9

Police required to explicitly inform the detainee again of their right to reasonable opportunity to contact counsel and to hold off on questioning

Question 10

R v stinchcombe

Answer 10

Crown has legal authority to disclosue all relevant information to defence.

Question 11

R v stinchcombe
Initial disclosure should occur

Answer 11

Before the accused is called upon to elect the mode of trial or plead.