OPC Midterm

Question 1

R v Edwards

Answer 1

Reasonable expectation of privacy
Based on person not place

Question 2

R v Grant

Answer 2

1. seriousness of chatter infringing conduct
2. impact on accused’s charter protected interests
3. society’s interest in the adjudication of the case on its merits

Question 3

section 24 — charter remedy

Answer 3

1) anyone whose rights or freedoms have been infringed or denied may apply to obtain such remedy
2) exclusion of evidence

Question 4

Hunter v Southam

Answer 4

every search is unreasonable unless justified by law

Question 5

Types of law that justify a search

Answer 5

statute
common
case

Question 6

R v Collins

Answer 6

A search is reasonable if:
- authorized by law
- law must be reasonable
- manner in which the search was carried out was reasonable

Question 7

Search incident to arrest

Answer 7

1. must be conducted for valid purpose and carried out in reasonable and proportional fashion
2. must be an articulable nexus between nature of search and offence
3. police are not obligated to suspend a search incident to arrest until person arrested has had opportunity to receive legal counsel

Question 8

What are you allowed to search for incident to arrest

Answer 8

safety
evidence
escapes

Question 9

R v Golden

Answer 9

Limitations to the power of police to perform strip searches
1. arrest must be lawful
2. search must be conducted incident to arrest
3. manner in which search was conducted must be reasonable

Question 10

Strip search — bodily integrity

Answer 10

1. exigent circumstances
2. reasonable grounds
3. availability to obtain warrant
4. RTC

Question 11

R v Fearon

Answer 11

electronic devices
Must be truly incident to arrest
Needs an element of urgency
Examples of crimes to justify: crimes/threats of violence, risk to public safety, serious property offences, drug trafficking

Question 12

Criteria for any search of cell phone to be lawful

Answer 12

1. arrest must be lawful
2. search must be truly incident to arrest
3. nature and extent of search must be tailored to its purpose
4. detailed notes must be taken and include the when/how phone was searched (apps, time, duration, purpose)

Question 13

Search residence incident to arrest

Answer 13

When person is arrested in residence, police may also search the surrounding area for:
- safety of police and arrested person
- prevent escape
- evidence

need reasonable suspicion

Question 14

Search motor vehicles incident to arrest

Answer 14

Must establish connection between reason for arrest and search of m/v

Purpose:
1. safety
2. protect evidence
3. discovery evidence to use at trial

Question 15

R v Stinchcombe

Answer 15

crown has duty to provide defence with all evidence that is relevant to case