Chapter 2

Question 1

What is section 8 of the charter?

Answer 1

The right to be protected against unreasonable search and seizure

• is concerned with preventing unjustified state intrusions into the privacy of individuals
• requires that the person granting the search warrant have the discretion to decide whether or not to issue a warrant

Question 2

What is unreasonable search and seizure?

Answer 2

A search or seizure which does not meet the constitutional standards for a valid search and seizure

Question 3

What is prior authorization?

Answer 3

Permission granted by a judicial authority in advance to authorize some action such as a search and seizure. This is generally the minimum requirement for a valid search.
- when feasible police require prior authorization (i.e a search warrant)

Question 4

What is a search warrant?

Answer 4

Permission given by a judicial authority for the conduct of a search and or seizure

Question 5

What does it mean when we talk about a person who is capable of acting judicially?

Answer 5

A judicial or quasi-judicial authority able to act in a neutral and impartial manner.
- ex. Justice of the Peace, Judge, Magistrate

Question 6

What is a judicial decision?

Answer 6

A decision made after considering and weighing the evidence presented, and determining whether it meets, the required legal standard

Question 7

What do we mean when we say reasonable grounds to believe?

Answer 7

Reasonable grounds to believe is the typical pre-requisite for an arrest or search warrant. There must be objectively justifiable grounds to believe the accused committed an offence or that evidence will be found in the location to be searched

Question 8

What is an information to obtain?

Answer 8

A document prepared and sworn by the person seeking a search warrant, setting out the grounds for believing that the evidence sought of the offence alleged will be found in the location targeted

Question 9

What is discretion?

Answer 9

Authority is not bound to an act, can choose not to do so

Question 10

What is the Edwards Case?

Answer 10

Discusses the totality of circumstances

• the analytical framework for establishing reasonable expectation of privacy that must be adjusted to the circumstances
• SCC found that the boyfriend had no reasonable expectation of privacy in his girlfriends apartment
• sets out what counts as a reasonable expectation of privacy

Question 11

What are Section 487 Warrants?

Answer 11

A warrant that offers for a limited time, the search and seizure of a specific location

• The person signing off the warrants needs to be sure that there are reasonable grounds to believe something is there that would be helpful in terms of evidence
• section 487 warrants can also be issued for anticipated offences
• this warrant also sets out what the officers or persons conducting the search can seize or search
• this section does not allow for the seizing of bodily substances

Question 12

What is a reasonable expectation of privacy?

Answer 12

The normative standard applied in determining whether there exists a privacy right to be protected

Question 13

What is a telewarrant?

Answer 13

A type of search warrant which may be obtained over the telephone, in circumstances where it is impractical to obtain a warrant in person

Question 14

What are production orders?

Answer 14

An order from a justice or judge to compel a person (other than one under investigation) produce documents or to prepare documents from existing data
- used when we require that another body to give us records of some type
- not required if the person voluntarily gives out the information
Ex. Phone Records

Question 15

What is a perimeter search?

Answer 15

A search of the outside of a dwelling house and its surroundings, sometimes used in an attempt to secure sufficient information to support an application for a warrant to search the house itself
- violate section 8 of the Charter

Question 16

What is a search incidental to arrest?

Answer 16

The common law power of a peace officer to search a person who is taken into custody for weapons (for protection) or evidence
- must be related to the purpose of the arrest

Question 17

What is plain-view?

Answer 17

A doctrine whereby a police officer lawfully on premises may seize without warrant any evidence of a crime which is discovered in plain view
- not a power to search but a power to seize

Question 18

What continues to challenge the reasonable expectation of privacy?

Answer 18

Technological Developments

Question 19

How do Canadian courts determine whether a search violated an individuals privacy?

Answer 19

They ask the complainant what constitutes as a reasonable expectation of privacy regarding what was searched

Question 20

What is an amplification hearing?

Answer 20

Wherein the trial judge will review the broader circumstances surrounding issuance of the search warrant

Question 21

DNA and Bodily Impression Warrants fall under what section?

Answer 21

487. 04 to 487.091
     - provide a code of procedure to be followed in the taking of DNA samples for certain designated offences, their analysis and the retention or destruction of the information
     - there are subsections that do allow peace officers to obtain bodily substances under certain conditions for investigative purposes which does not violate the Charter of Rights and Freedoms

Question 22

To be protected by section 8 the information must be what?

Answer 22

Personal and the confidential nature that might reflect intimate details of the lifestyle and personal choices of the individual

Question 23

What is a knock-on?

Answer 23

A police approach when something was suspicious to knock on the door
- SCC found this as a search and therefore was a violation of section 8

Question 24

What is section 9 of the Charter?

Answer 24

Not to be arbitrarily detained 2

Question 25

What can officers ask when it comes to operating a motorised vehicle?

Answer 25

They can ask questions regarding sobriety and the mechanical condition of the vehicle, and the driver to provide their license and insurance

Question 26

Can you be searched during investigative detention?

Answer 26

Police are allowed to detain persons for investigative purposes if they have reasonable grounds to detain

• based on an officer’s reasonable suspicion
• the search must be reasonably necessary in light of the totality of the circumstance
• should be brief in duration and does not impose an obligation on the detained individual to answer questions posed by the police