Federal Law Finals

Question 1

Edward Test (7 steps)

Answer 1

REASONABLE EXPECTATION OF PRIVACY (R v. EDWARDS)
Presence at time of search
Possession or control of property or place searched
Ownership of property
Historical use of property
Ability to regulate access, including right to admit or exclude others
Existence of subjective expectation of privacy AND
Objective reasonableness of expectation

Question 2

Define firearm

Answer 2

means a barreled weapon from which any shot, bullet or other projectile can be discharged and is capable of causing serious bodily harm or death to a person

and includes any frame or receiver of such a barreled weapon and anything that can be adapted for use as a firearm

Question 3

Three elements of a firearm

Answer 3

Three Elements of a Firearm
1.Barreled Weapon

2. Shot, bullet or projectile can be discharged
3. Capable of causing serious bodily harm or death

Question 4

What does Evidentiary Search Warrant include? (Section 487)

Answer 4

EVIDENTIARY SEIZURES:

s. 487 C.C Evidentiary Search WARRANT (General)
Warrant to search for and seized evidence
of a crime
Documents required:
• Information to Obtain the warrant
• Report to Justice
• Order(s) for continued detention (need after 3mths if no charge)

Question 5

What does Seizure of “plain view” evidence include? Section 489

Answer 5

s. 489 C.C Seizure of “PLAIN VIEW” Evidence
Evidence of crime found while:
Executing ANY warrant OR
Otherwise lawfully in a place
Documents required:
•	Information to Obtain
•	Report to Justice
•	Order(s) for Continued Detention

Plain view is contextual
Things not in plain view when search begins may come into plain view by
reasonable execution of lawful search authority
Important to be able to articulate connection between the thing found and the original search authority
Ensure the purpose of the search does not change/expand in response to finding something in plain view
You may need an additional search warrant

Question 6

What does Warrantless Evidentiary Search and Seizure Power include (section 487.11)

Answer 6

s. 487.11 C.C WARRANTLESS Evidentiary Search and Seizure Power
Applies where conditions for obtaining a warrant under s. 487(1) exist but there are “exigent circumstances”
Documents required:
• Report to Justice
• Order(s) for Continued Detention

Question 7

What does Warrantless Evidentiary Seizure power under 117.02 include?

Answer 7

s. 117.02 C.C Warrantless Evidentiary Seizure Power
o Requires “exigent circumstances”
o Limitation:
FIREARMS/WEAPONS-SPECIFIC; and
CANNOT be used to SEARCH DWELLING houses Documents required:
Report to justice
Order(s) for Continued Detention

Question 8

117.03 Seizures

Answer 8

s. 117.03 C.C Seizures – no licence, registration certificate, authorization produced by person in possession of firearm
14 days to produce documents
• Property returned when produced
Since April 5, 2012, No registration certificate required for NR Firearms (Bill C-19)
Documents required:
• Application for Disposition OR
• Report to justice

Question 9

s. 117.04 C.C Public Safety Seizures

Answer 9

s. 117.04 C.C Public Safety Seizures
Provides authority for obtaining warrant or proceeding without warrant in exigent circumstances
Non-evidentiary
•	Preventive search/seizure power
•	NOT for seizing evidence of crime

WITH WARRANT
Articulable public safety concern; and
Articulable belief firearms, etc. will be found in place to be searched
NOTE: all weaponry and licence/authorizations/registration certificates may be seized

COURT ORDERS:
As a condition of bail, courts often order an accused person to surrender his/her firearms to police
A bail order is a temporary/interim measure
NOT A SEIZURE, no return is required
Bail orders end when court processes end

Question 10

Define what a Fresh/Hot Pursuit is

Answer 10

FRESH/HOT PURSUIT
o Continuous pursuit conducted with reasonable diligence, so that pursuit and capture, along with the commission of the offence, may be considered part of a single transaction
o Ends when accused is no longer is escaping and no longer freshly pursued

Question 11

Entry into Dwelling House Without Warrant 529.3(1)

Answer 11

s. 529.3(1) C.C – ENTRY INTO DWELLING HOUSE WITHOUT WARRANT
Officer must have reasonable grounds to believe that: Person is present in the dwelling AND
Conditions for obtaining warrant under s. 529.1 exist BUT by reason of exigent circumstances, it would be impracticable to obtain a warrant

s. 529.3(2) C.C – EXIGENT CIRCUMSTANCES
o Peace officer has reasonable grounds to SUSPECT that entry is necessary to prevent the imminent bodily harm or death of any person; OR
o Reasonable grounds to believe that entry is necessary to prevent the imminent loss/destruction of evidence relating to an indictable offence

Question 12

What does the plain view doctrine explain? S. 489(2)

Answer 12

PLAIN VIEW DOCTRINE – S.489 (2)
Must be lawfully present – by warrant or otherwise The discovery was inadvertent
Articles discovered were clearly incriminating

Question 13

Explain Implied License To Knock

Answer 13

IMPLIED LICENCE TO KNOCK: anyone, including police, have implied invitation to knock on front door of dwelling for purposes of communicating information; NOT to gather evidence
Police must leave property if directed UNLESS reasonable grounds for lawful arrest arose before occupant gave notice to leave

Question 14

According to Section 2 of CC what is the definition of “weapon”?

Answer 14

Section 2 C.C. “weapon” means anything used, designed to be used or intended for use in causing death/ injury or to threaten/ intimidate and always includes a firearm

Question 15

3 classifications of firearms

Answer 15

Prohibited
Restricted
Non-restricted

Question 16

what is the responsibility of the Chief Firearms Office?

Answer 16

CFO responsibilities•Issues, refuses to issue, renews or revokes firearms licences•Approves shooting ranges.•Approves the transfer of prohibited and restricted firearms and other regulated items between individuals and businesses.

Question 17

Transporting Non-restricted firearms

Answer 17

Transporting Non-Restricted Firearms 10

(1) Must only be UNLOADED
(2) If left in an unattended vehicle: (a) in the trunk if equipped, or(b) out of view

Question 18

Transporting Restricted / Prohibited Firearms

Answer 18

Transporting Restricted or Prohibited Firearms 11.

Must be:

a) Unloaded
b) Rendered inoperable by locking device, and
c) In a locked, secure contained

Question 19

Storage of Non-restricted Firearms

Answer 19

Storage Of Non-restricted Firearms5(1)

Must Be:

a) Unloaded
b) Rendered Inoperable by: i .Locking Device, or ii. Removal of Bolt or Bolt Carrier, or iii. Stored in a Locked Container or Room that cannot be readily broken into.

OR: Stored in a vault, safe or room that has been specifically constructed or modified for storage purposes AND that is kept securely locked.

Question 20

Storage of Restricted or Prohibited Firearms

Answer 20

Storage of Restricted or Prohibited Firearms7.

Must be:

a) Unloaded, and
b) Rendered Inoperable by Secure Locking Device, and
c) Stored in a Container or Room that cannot be readily broken into

NO AMMUNITION IN SAME CONTAINER!

Question 21

What is a prohibited device?

Answer 21

“Prohibited Device”:

a) any component or part of a weapon, or any accessory for use with a weapon, that is prescribed to be a prohibited device
b) a handgun barrel that is equal to or less that 105 mm (4 in.) in length, but does not include any such handgun barrel that is for use in international sporting competitions governed by the rules of the International Shooting Union,
c) a device or contrivance designed or intended to muffle or stop the sound or report of as firearm,
d) a cartridge magazine that is prescribed to be a prohibited device, or
e) a replica firearm

A Cartridge Magazine that:

a) Is capable of containing more than five cartridges for a semi-automatic “center-fire” rifle
b) Is capable of containing more than ten cartridges for a semi-automatic hand

Question 22

What is a Feeney Warrant?

Answer 22

FEENEY WARRANT (Form 7, Form 7.1): authorization to enter a dwelling house to arrest

Question 23

What justification does R V Godoy give Police Officers?

Answer 23

R v. GODOY (911 Call)

o Police are justified in entering dwelling without warrant to protect life and prevent serious injury of the 911 caller

Question 24

Section 529 entry and arrest warrant allows for what

Answer 24

Entry/Arrest warrant (s.529 C.C)
Allows police to enter dwelling for purpose of affecting an arrest or apprehension
Enter is conditional on officer having, immediately before entering,
reasonable grounds to believe person is in the dwelling

Question 25

Entry Warrant under section 529.1 allows for what authority?

Answer 25

Entry warrant (s. 529.1 C.C)
Authority to arrest already exists and there is no need to obtain an arrest warrant
Reasonable grounds to believe person will be in residence AND
There is a valid warrant in Canada for the arrest;
Grounds exist to arrest the person without warrant under Criminal Code (s. 495 C.C);
Grounds exist to arrest or apprehend without warrant under an authority other than the Code

Question 26

Section 529.3(1) entry into dwelling without warrant what conditions must be met before entering?

Answer 26

s. 529.3(1) C.C – ENTRY INTO DWELLING HOUSE WITHOUT WARRANT
Officer must have reasonable grounds to believe that: Person is present in the dwelling AND
Conditions for obtaining warrant under s. 529.1 exist BUT by reason of exigent circumstances, it would be impracticable to obtain a warrant

Question 27

Section 529.3(2) exigent circumstances, what conditions must be met?

Answer 27

s. 529.3(2) C.C – EXIGENT CIRCUMSTANCES
o Peace officer has reasonable grounds to SUSPECT that entry is necessary to prevent the imminent bodily harm or death of any person; OR
o Reasonable grounds to believe that entry is necessary to prevent the imminent loss/destruction of evidence relating to an indictable offence