Case Law

Question 1

LANDRY

Answer 1

ACC not allowed to use cell phone at the scene.

Question 2

JORDAN AND WILLIAMSON

Answer 2

Delay at trial. 18 Months for Provincial Court and 30 months for superior Court. Clock starts when the charges are sworn.

Question 3

ZARGAR

Answer 3

Authority to force entry into a dwelling because of common law power: hot or continuous pursuit, prevent an offence that will cause immediate and serious harm to someone or exigent circumstances.

Question 4

FEARON

Answer 4

Cell phone searches.
1st: Lawful arrest
2nd: Truly incidental to arrest
3rd: search tailored to its purpose
4th: Detailed notes

Question 5

MACDONALD

Answer 5

Safety searches

Question 6

PROSPER

Answer 6

ACC changes their mind and no longer wants to contact counsel.

Question 7

TREMBLAY

Answer 7

Obtaining counsel through an intermediary

Question 8

DERSCH

Answer 8

Taking blood samples by hospital personnel.

Question 9

BREAULT

Answer 9

If ASD is not present at the time of the demand then the forthwith temporal requirements cannot be met.