Jack Lindsay 657265724 CRIM 230 Kendra Waugh March 6, 2024 Case Briefs for Legal Memo. In this paper, I will write case briefs regarding Section 8 and Section 10(b) of the Canadian Charter of Canada, for the following five cases: R v. Muller, 2014 ONCA 780, R v. Fine, 2015 BCPC 3, R v. Hamdan, 2017 BCSC 467, R v. Montgomery, 2009 BCCA 41, and R v. Ashby, 2013 BCCA 334. For each case I will provide the citation, facts, issues, decisions, and reasoning. CITATION: R. Muller, 2014 ONCA 780. FACTS: The Appellant, Bart, Alec, Muller, was arrested without warrant after exiting a building that officers were surveying. A search warrant was executed in that building to find a drug dealing suspect by the alias “Biggie” (R v. Muller, 2014). P. 7). The. …show more content…
Montgomery, 2009. p.7). During the investigation, the police witnessed the appellant’s vehicle at the suspected property, and later witnessed the appellant at the same location. While monitoring the suspected property, Cpl. Fossum observed a red van parked there. Cpl. Fossum then arranged to purchase cocaine using the number provided on the drug dealer's business card. At the arranged meeting, the appellant was arrested for “possession for the purpose of trafficking,” and read his s.10 rights (R v. Montgomery, 2009. p.13). Immediately after, the appellant requested to speak to specific counsel, but this was delayed by the Courtenay police departments’ policy. The appellant and the three others arrested arrived at the police station an hour later and received their s. 10 rights again. It was not until three hours after that the police provided the appellant with access to a phone, and twenty minutes after that until a call was made to his specific counsel. The police later obtained a warrant and searched the “Spindrift Road residence,” to find a “tenancy agreement,” linking the appellant to the “Raven Road residence” (R v. Montgomery, 2009). p.16. The p.16. Subsequently, the property on Raven Road was searched and was found to contain cocaine, as well
Her claim of duress did not meet the presence and immediacy requirements of s. 17 of the Criminal Code. When Ms.Ruzic committed the offence, Mirkovic the man who was threatening her was not present and she was not under any type of immediate threat, death or bodily harm. Ms.Ruzic successfully argued that s. 17 of the Code was unconstitutional because it violated her right to security of the person under s. 7 of the Canadian Charter of Rights and Freedoms. Ms.Ruzic was acquitted on the charge of importing heroin. The Crown appealed the acquittal on the charge of importing heroin, but the court of appeal dismissed the appeal. The Supreme Court agreed that s.17 breached s.7 of the Charter because then other people would be defenseless if the threat was not directly
The police responded to a tip that a home was being used to sell drugs. When they arrived at the home, Gant answered the door and stated that he expected the owner to return home later. The officers left and did a record check of Gant and found that his driver’s license had been suspended and there was a warrant for his arrest. The officers returned to the house later that evening and Gant wasn’t there. Gant returned shortly and was recognized by officers. He parked at the end of the driveway and exited his vehicle and was placed under arrest 10 feet from his car and was placed in the back of the squad car immediately. After Gant was secured, two officers searched his car and found a gun and a bag of cocaine.
The Charter of Rights and Freedoms is an important document that allows us to live our lives without arbitrary governmental control, although there may be certain times when rights should be limited. The R. v Oakes case is a perfect example of this situation coming into play. David Edwin Oakes was caught with an unlawful possession of hash oil and was automatically convicted of trafficking, under section 8 of the Narcotic Control Act. By looking at the Charter, it was clear that section 8 of the NCA violated his right to be presumed innocent until proven guilty, guaranteed in section 11.d. With that in mind, the respondent brought in a motion that challenged section 8 of the Narcotic Control Act. Since the Supreme Court and the Crown were confident that the suspect was trafficking narcotics, they created a four criteria ruling, in order to reasonably limit the rights of the respondent. This is permissible under section 1 of the Charter, which states that “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms…only to such reasonable limits prescribed by law.”2 The respondent’s case passed the first criterion which stated that “the reasoning for limiting the Charter must be proven important enough to override a constitutionally protected right.” The case did not pass the second criterion which stated that “there must be an appropriate connection between the limitation of rights and the objective of the legislation.”2 Therefore, the appeal was dismissed and the respondent was released. After reviewing the case it was clear that even though the suspect did not have his rights limited against him, limiting rights should be used more often in severe cases.
One of the few purposes of the Section 11(b) of the Canadian Charter of Rights and Freedoms is to ensure that the right for a fair trial for every person criminally tried on Canadian soil and the right for them to be tried within a reasonable time. This ensures that when the trial is commenced in court while the evidence is fresh and available during the trial. However, trials in the Canadian justice system can be delayed due to many factors in which the criticism could be on either the Crown or the accused. This essay will examine the Supreme Court of Canada case R. v. Morin. In this case, the accused was charged for impaired driving and the trial date set 399 days after the judge scheduled the trial. In total this was 444-days after the accused was charged with the impaired driving offence. The final verdict of this case set a precedent in the justice system due to the decision by the Ontario Court of appeal that decided that the trial delay was reasonable due to lack of prejudice to the accused during the delay.
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
The Canadian Charter of Rights and Freedoms has long been the legal document that protects Canadian citizens from infringements made by unscrupulous politicians and legislators. However, there are questions explored about the Sections of the Charter and in those of Section 7 in particular. This is because of the protective function of Section 7 and its obligations of the protection of a citizen’s rights to life, liberty and security of the person. There are third parties that could be posing “threats” to Charter interests and therefore the extents of Section 7 in terms of its protective function for individuals’ rights are put into question. Section 7 of the Charter says that “[E]veryone has the right to life, liberty and the security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” The meaning of Section 7 is to adhere to each individual’s right to the sanctity of life, their physical liberty in a narrow sense, and the integrity of the person is to be kept secure. However, what would the extent of Section 7 be or moreover, what is the extent of each protected interest? The objective of this paper is to examine the extents of Section 7 of the Charter in which the focus is on the protected interests of life, liberty and security of the person. Each protected interest will be discussed in depth with its relationship to a specific Canadian court case. This will help to determine the extent of Section 7 and therefore help understand how much the Charter protects the freedom of Canadian citizens. For right to life, the First Nation communities in Canada had ‘high risk’ of threats to health in their water systems according to Health Canada. The focus of this topic...
How to appropriately and fairly carry out criminal justice matters is something that every country struggles with. A major reason for this struggle is the fallibility of the justice system. It is acceptable to concede that the possibility of human error in every case and investigation may lead to a wrongful conviction. In the case of David Milgaard, however, Canada's Criminal Justice System not only erred, but failed grievously, resulting in millions of dollars wasted, in a loss of public confidence in the system, and most tragically, in the robbery of two decades of one man's life. Factors including, but not limited to, the social context at the time of the crime, the social perception of deviance, the influence of the media, and the misconduct of investigating police and prosecution played a substantial role in the subsequent miscarriage of justice.
One of the Legal Rights the Charter of Rights and Freedoms protects is: The right to be free of imprisonment, search, and seizure without reasons backed by the law. “In a undisclosed school in Canada, there was a sudden police checking, in which police dogs roamed around the hallway of the school to see if there was any suspicious substance or object. During the checking, the police fo...
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Sacco, V.F and Kennedy, L.W (2011). The Criminal Event: An Introduction to Criminology in Canada. Toronto Cengage Learning.
Legal Information Institute. (2010, August 9). Retrieved February 17, 2012, from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_law