Chapter 10 The Criminal Process
A.k.a. Procedural criminal law Two most essential elements of Canadian Criminal Process are: - Truth - Justice
Procedural Justice Fairness is determined by Procedural Justice The Law Reform Commission of Canada states that procedural justice should reflect the following principles: - fairness - efficiency - clarity - restraint - accountability - participation - protection (Printed these out for you!) These principles should guide everything from police practices to rulings by judges
The Canadian Criminal Process Canada’s criminal laws are enforced by the Criminal Code - creates offences - prescribes rules for prosecution - governs procedural matters e.g. - search warrants - powers of arrest - modes of trial - sentencing alternatives
Police investigation The criminal justice system relies upon the police to apprehend offenders and gather evidence necessary for a conviction In Ontario general duties of Police Officers are set out in Section 42 of the Police Services Act
Powers of Arrest or Detention Arrest warrant – issued by Justice of the Peace Bench warrant – issued by judge when accused person fails to attend court Police can arrest w/o warrant under section 495 of the Criminal Code e.g. – when a person has committed indictable offence - believes a person is about to commit an indictable offence - a person is found committing an indictable offence
“Reasonable and Probable Grounds” Arrest powers are dependant on the officer having ‘reasonable and probable grounds’ for making the arrest Officer must have more than just suspicion Sections 9 & 10 of the Charter protect against unjust arrest - the right to know reasons for arrest, detention or imprisonment - right to legal counsel - right to test legality of detention by means of a writ of habeas corpus
Search The power of search is subject to safeguards under the Charter of Rights and Freedoms Police have no inherent right to search They can search: - anyone placed under arrest - anyone they reasonably believe is carrying a weapon in violation of the law - property under the control of an arrested person
Statutes Narcotic Control Act Food and Drug Act Liquor License Act - give specific authority to police to search such places and persons for narcotics, drugs, or alcohol But right to search is still subject to the Charter
SECTION 8 Guarantees the right to be free from ‘unreasonable search or seizure’ In short, the police must have a reason for searching
Search Warrant Document issued from the court empowering the police to search places Always required when searching a private home To obtain a search warrant, police use a document called “information”
Controlling Police Conduct Who watches the police How do we make sure they don’t abuse their powers? - Section 24 - Charter - gives courts the power to refuse evidence gathered through rights violations - using excessive force - trespassing on property - unlawful interrogation
The Ontario Police Commission Final appeal body for determining improper conduct by Ontario police Effectiveness questionable – Why? - involves the assessment of police by other police officers