Consent Search

Question 1

R v. Wills

6 Step

Answer 1

1 - consent expressed or implied
2 - must have authority to give consent 
3 - voluntariness of consent
4 - right to refuse
5 - aware of nature of police conduct
6 - potential consequences

Question 2

R v. Bordon

11 steps to consent
6 of Wills + 5

Answer 2

7 - must be told they don’t have to consent
8 - know evidence can be used against them
9 - consent can be withdrawn anytime
10 - dna destruction post acquittal
11 - consent and retention

Question 3

R v. Grant

3

Answer 3

1. Seriousness of charter infringement
2. Impact of breach on accused
3. Societies interest

Question 4

Waterfield Test

2

Answer 4

1. Conduct of police duty enforced by law

2. Justified use of powers associated with that duty