Module 5 pt.2 Flashcards
What is Section 8 of the Charter guarantee?
It guarantees the right to security against unreasonable search and seizure
What is “Reasonable Expectation of Privacy” REP
When an invasion by a state actor into a persons private life constitutes a search or seizure
What are the two factors that justify searches
Warrents = authorization from a judge
Probable grounds = to do a search you need proof and credible evidence that its necessary
What is the ex-ante vs ex-post analysis
The court has to consider the Reasonable expectation of privacy from a neutral perspective
eg. the court held that the people have a REP in hotel rooms regardless of their activity inside
When can a persons REP be reduced or lost
if they expose personal information to the public
What are Statutory powers police have
Police are granted specific search and seizure powers under various laws
What does “search incident to arrest” mean
when the police can search an arrested person and their immediate surroundings
What is a safety search
police can search a person for safety reasons
What are the 3 common law powers for searches
Search incident to arrest
Safety Search
Canine sniff search
What is considered the “biographical core” of personal information?
Information that reveals intimate details about a persons life
Which type of search can be conducted without a warrant and probable grounds
canine sniff search
What are Remedies
Legal means to address a wrong violation
What is the “Exclusionary rule?”
a rule that prohibits the use of illegally obtained evidence in court
What does section 24-1 of the charter allow individuals to do
It allows individuals whose charter rights have been infringed to apply to a court for appropriate remedies
What is a court that has the authority to hear a particular case
Court of competent jurisdiction
What is a “Stay of Proceedings”
A court order that permanently ends a criminal prosecution without a finding of guilt
What are Cost awards?
Financial compensation for expenses that were caused by improper legal proceedings
What does Charter 24-2 allow?
Allows for the exclusion of evidence obtained in a manner that violates the Charter
What is the Administration of Justice?
The system of courts and laws that ensures fairness in legal proceedings
What are trial process remedies
Measures to address procedural issues
What is the Two-part test?
the court must find:
1) teh evidence was obtained in a manner that violated the charter
2) the admission of the evidence would bring the administration of justice into disrepute (a bad look)
What refers to a police officer’s understanding of the law, to comply with the law, and lack of intent to violate charter rights
Good faith
What is the three part test?
1) Seriousness of misconduct
2) Impact of the Violation of the accused
3) Effect of Excluding the evidence
What section of the charter allows for remedies other than excluding evidence
24-1
Which courts conduct the most criminal trials and are also where judges are appointed by provincial/territorial governments
Provincial Trial Courts
Which courts handle more serious criminal cases and judges are appointed by federal government
Superior Trial Courts
What courts handle appeals from provincial trial courts and where are judges appointed from?
Provinvial appeal courts
Judges are appointed by the Federal Government
What are Intake Procedures?
How a suspect becomes subject to the criminal court system
What is the first step for the Intake Procedure?
Arrest and Detention: they bring them to court within 24 hours for a first appearance and potential bail hearing
What is the first step for the intake procedure that doesnt involve an arrest or detention?
Appearance notice and a Summons (police obtain summons from a court, sort of like a traffic ticket)
What is a other term for “Bail”
Judicial Interim Release
What is a Presumption of Release
The crown has to justify any restriction on the accused liberty before trial
Grounds for Detention: To justify detention, the Crown must prove three things, what are they?
- Risk of the accused not showing up to court
- Risk of the accused to continue to commit crimes
- Preservation of public confidence
What is Disclosure before a trail
The crown has to provide the defence with all relevant information before trial to prevent information surprise
What is Plea Bargaining?
Negotiations between the accused and the prosecutor to resolve the case before trial
eg.pleading guilty to a lesser crime
What is it called when the accused may have a choice in how they are tried
Election of Mode of Trial
What is a Preliminary Inquiry?
Determines of there is sufficient evidence to justify a trial and provides opportunity for the defense to earn about the Crowns case.
For offences with a maximum sentence of 14 years or more
What is an Information/Indictment
Sets out the charges against the accused
Information = Provincial court
Indictment = Superior court
What is it called when the Crown prosecutor summarizes the evidence they intend to present
Opening address
