1. Investigative Process 1
Investigation and trial process
What is a legal arrest?
What are the rights of the police and the accused?
The fine line between protection and freedom.

2. Investigation National- RCMP

3. Investigation National- CSIS

4. Investigation
Provincial- OPP & Sûreté du Québec

5. Investigation
Local- VPD, WPS, HRP

6. Arrest Must go beyond suspicion Must establish
An offense has been committed
Establish reasonable grounds
Action options
Appearance notice
Summary conviction, hybrid, less serious indictables
Names offense, time/place/location of apperance
Accused must receive a copy and sign
Warrant for arrest
If arrest is impossible at the scene
Summons issued to appear, delivered by representative of court
Arrest

7. Arrest Miranda Rights in Canada? Action options Arrest
"You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?" (See: R. v. Hebert [1990] 2 S.C.R. 151)
“While Section 7 of the Charter guarantees the right to remain silent, Canadian law does not entitle the criminal suspect to have counsel present during the course of an interrogation. Once a suspect has asserted their right to counsel, the police are obliged to hold off in attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel, however suspects do not have the right to have counsel present during the questioning. Also, in Canada even if the suspect emphatically asserts his decision to remain silent, the police may continue to interrogate him. “
Action options
Arrest
Purpose: lay charges, preserve evidence, preventative
Can be done without warrant if sufficient evidence exists that an offense has, is or will occur.
Musts:
Identification by police officers
Advise of arrest
Inform of charges (section 10 (a) of Canadian Charter of Rights and Freedoms)
Inform of rights (section 10 (b) of Canadian Charter of Rights and Freedoms)
If resistance occurs:
Mays
Use as much force as is necessary to prevent escape
Use deadly force if: harm/death to others, flees to escape arrest, no alternative means of preventing escape
Criminal
Liability
Exists

8. Citizens’ Rights Being Detained Being Arrested
I.e. being stopped for questioning
Should be a temporary ‘stage’- should lead to arrest or being let go
Illegal detention may be resisted with reasonable force
Being Arrested
Charter of Rights and Freedoms
Informed of reason for arrest
Informed of right of lawyer, including duty counsel/legal aid
60% gave statements and 70% give written statements before consultation with lawyer. Why?
Accused must be of sound mind and be able to understand the rights

9. Citizens’ Rights

10. Police Rights Upon arrest Search to look for evidence (related)
Search to look for items for escape or harm
May take away possessions
Take to police station
Accused may refuse to
Be in a line up
Submit to polygraph test
Submit blood, urine or breath samples (except in impaired driving)
Submit DNA without a warrant

11. Search Laws and Procedures
Search Warrants
Required legal documents that must be obtained before search of any property belonging to the accused.
Obtaining
Police must swear to judge/JOP that offense committed and reasonable grounds of evidence on the property
Counterbalance: Section 8 of Charter
Telewarrants
Using
Date indicated between 6am and 9pm
Only in areas indicated
Seized items may be kept for 3 months, unless needed as evidence in imminent trial

12. Search Laws and Procedures
Entry
Use of Force
Searching of Persons
Electronic Surveillance
Limits: bodily integrity and property
Exceptions: Controlled Drugs and Substances Act, provincial liquor laws, anti-terrorism, non-private residences
Cases page 198, 199

13. Detention and Release Procedures
Detention occurs after arrest if:
Grounds for further offenses
Indictable offenses with penalties >5 years
Brought in front of judge within 24 hours for bail hearing.
As of 1985, less emphasis on money being paid. Why?
If charge serious, reverse onus in effect.
Release Achieved
Yes
Sign Undertaking
Sign Recognizance
Potential pay Money No
May Appeal
Returned to Detention