Federal Law Finals Flashcards
Edward Test (7 steps)
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
Define firearm
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
Three elements of a firearm
Three Elements of a Firearm
1.Barreled Weapon
- Shot, bullet or projectile can be discharged
- Capable of causing serious bodily harm or death
What does Evidentiary Search Warrant include? (Section 487)
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)
What does Seizure of “plain view” evidence include? Section 489
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
What does Warrantless Evidentiary Search and Seizure Power include (section 487.11)
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
What does Warrantless Evidentiary Seizure power under 117.02 include?
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
117.03 Seizures
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
s. 117.04 C.C Public Safety Seizures
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
Define what a Fresh/Hot Pursuit is
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
Entry into Dwelling House Without Warrant 529.3(1)
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
What does the plain view doctrine explain? S. 489(2)
PLAIN VIEW DOCTRINE – S.489 (2)
Must be lawfully present – by warrant or otherwise The discovery was inadvertent
Articles discovered were clearly incriminating
Explain Implied License To Knock
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
According to Section 2 of CC what is the definition of “weapon”?
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
3 classifications of firearms
Prohibited
Restricted
Non-restricted
what is the responsibility of the Chief Firearms Office?
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.
Transporting Non-restricted firearms
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
Transporting Restricted / Prohibited Firearms
Transporting Restricted or Prohibited Firearms 11.
Must be:
a) Unloaded
b) Rendered inoperable by locking device, and
c) In a locked, secure contained
Storage of Non-restricted Firearms
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.
Storage of Restricted or Prohibited Firearms
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!
What is a prohibited device?
“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
What is a Feeney Warrant?
FEENEY WARRANT (Form 7, Form 7.1): authorization to enter a dwelling house to arrest
What justification does R V Godoy give Police Officers?
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
Section 529 entry and arrest warrant allows for what
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
Entry Warrant under section 529.1 allows for what authority?
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
