Shows
Legal Issues In PolicingE95| Confidence polling in public institutions. How did the police stack up?Provide your feedback here. Anonymously send me a text message. In this episode, Mike again discusses recent survey results from Statistics Canada about the amount of confidence Canadians had in various institutions, including the school system, media, parliament, the justice system and courts, and the police. Just how did the compare to these other institutions? Check out the results for yourself.Confidence in institutions, by gender and other selected sociodemographic characteristicsConfidence in institutions, by gender and provinceThanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2025-02-2611 minLegal Issues In PolicingE94| Shooting at, shot by & a search incident to arrest. Was 11 hour delay between arrest & search reasonable?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Alberta Court of King’s Bench decision R. v. Desylva, 2025 ABKB 36 where a police officer was shot at by a man being pursued. When the man’s car got stuck in the snow, the officer unloaded 25 rounds at the man as his car spun out. The man fled on foot, only to be located laying in the snow suffering from serious gun shot wounds to his head and neck area. The man was transported to hospital and his clothing, which had been...
2025-02-2033 minLegal Issues In PolicingE93| Lengthy drive to elicit confession. Starlight tour or legitimate police procedure?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Pietz, 2025 MBCA 5 where police arrested a man in relation to the presumed death of another. After unsuccessfully trying to obtain a confession from the man, police took him for a lengthy drive in an effort to locate the victim’s body. During the ride, police kept the man in handcuffs, used offensive and profane language, and did not provide him with shoes, a jacket or a blanket while he was outside the police vehicle in...
2025-02-0627 minLegal Issues In PolicingE92| A CSO search condition & reasonable suspicion. Why ask why?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses R. v. Grassing, 2025 SKCA 1 where police where asked by a probation officer to do a curfew check and possibly search the residence of a man on a Conditional Sentence Order (CSO). The CSO had two search conditions, both requiring a reasonable suspicion the man was breaching a condition of his CSO before police could search. When the police searched the man’s apartment, they found methamphetamine and a firearm. A trial judge found the probation officer’s request was enough by itself to j...
2025-01-2721 minLegal Issues In PolicingE91| A stop, a search & skin colour. Was racial profiling proven?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses R. v. Alexander, 2025 ONSC 57 where police tried to stop a vehicle for a traffic related reason. The driver — along with the vehicle’s passenger — fled from the attempted stop and then ran from the vehicle only to be apprehended nearby after a foot chase. The police searched the car and later — using a K9 — found a loaded handgun under a bush not far from where the driver was arrested. The defence lawyer alleged police action was tainted by racial profiling — the vehicle had been tar...
2025-01-1121 minLegal Issues In PolicingE90| Case law classic. Impaired arrest ⇉ popping trunk + knapsack search = murder evidence!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the case law classic R. v. Pearson, 2017 ONCA 389 where a police officer, after stopping a motorist, arrested him for drug impaired driving. Police opened the trunk and searched a knapsack found in it, discovering two shotgun shells, which the officer seized. As it turned out, the driver was later charged with two murders, one occurring the day before the traffic stop and another about two weeks later. The shells found in the knapsack were similar in composition to the ones used to...
2025-01-0620 minLegal Issues In PolicingE89| Case law classic. Police stop ⇉ odour + drug arrest + under hood search = PPT cocaine!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the case law classic R. v. Stonefish, 2019 ONCA 914 where a police officer, after stopping a motorist for an equipment violation, smelled the odour of burnt marihauana and saw a green leafy substance in the car’s console. The motorist was then arrested for possessing a controlled substance and police opened the car’s hood to discover a stash of cocaine in a Ziploc bag valued at between $11,000 — $18,000 on the street. Was opening the car’s hood lawful as an incident to the drug arr...
2025-01-0315 min
Legal Issues In PolicingE88| Crime prevention, creativity & criticism. (Christmas) carding — ‘Ho-ho-ho’ or ‘Bah humbug’.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses 'Christmas carding', a crime prevention tactic initiated several years ago. Listen how the project — dubbed OPERATION RESOLUTION — was started and how the media portrayed it. All the best to LIIP listeners this holiday season. Merry Christmas and a Happy New Year!Homicide trends in Canada, 2023AbbyPD Christmas CardThanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2024-12-2420 minLegal Issues In PolicingE|87 An arrest, impersonation & exigent circumstances. Was hijacking arrestee’s text messaging to orchestrate drug deal reasonable?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Supreme Court of Canada decision R. v. Campbell, 2024 SCC 42 where police arrested a known drug dealer and lawfully seized his cellphone. After the arrest, four text messages lit up the locked cellphone screen and appeared to offer a sale of drugs, possibly laced with fentanyl. Without a warrant, the police engaged in a conversation with the sender of the texts by impersonating the drug dealer and — in the process — orchestrated a meet to purchase drugs. When the accused came to the drug...
2024-12-141h 01Legal Issues In PolicingE86| A collision, an odour, a medical blood draw & an ITO. Was the reasonable belief standard met?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the New Brunswick Court of Appeal decision R. v. Gallant, 2024 NBCA 135 where a police officer applied for and received a warrant to seize and analyze blood samples taken by hospital staff for medical purposes. The affiant’s ITO referenced police reports from two other officers as a basis for their reasonable grounds to support the warrant. This included (1) the circumstances surrounding a serious accident as reported to an officer by another driver and (2) the very strong odour of alcohol coming from the ac...
2024-12-0527 minLegal Issues In PolicingE85| Inspecting an inventory search. Was checking behind 'compartment’s' cover colourable?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Superior Court of Justice decision R. v. Kusi, 2024 ONSC 6248 where an officer searched a vehicle before towing it as being “apparently abandoned” under Ontario’s Highway Traffic Act. After removing the cover of what turned out to be the vehicle’s electrical fuse box, the officer discovered fentanyl. Was this a valid inventory search? Or did it exceed the scope and was it conducted in an unreasonable manner as claimed by the defence?Thanks for listening! Feedback welcome at legal...
2024-11-2113 minLegal Issues In PolicingE84| Search incident to arrest. Just like school — show (explain) your work!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Justice decision R. v. Hoggar, 2024 ONCJ 546 where an officer found drugs, a loaded handgun and extended magazines after arresting a man for PPT, towing his vehicle to a private garage and searching more than an hour later, all while using a K9 to sniff it and dismantling its door panels. No exigent circumstances existed nor did the officer obtain a search warrant. Did the delay and manner in which the warrantless search incident to arrest was conducted render...
2024-11-1937 minLegal Issues In PolicingE83| A gangster, a garment & a gun. Discoverability & the actual (vs. potential) exercise of police power.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Supreme Court of Canada decision R. v. Sabiston, 2024 SCC 33 where police arrested a known gang member for possessing stolen property. He was seen walking in a high gang crime area while wearing a bullet-proof vest that looked just like the type worn by police. After searching the man, a sawed-off shotgun was found in his backpack. Despite concluding the arrest was unlawful and police conduct breached s. 8 (unreasonable search or seizure) and s. 9 (arbitrary detention) of the Charter, the trial judge...
2024-10-2243 minLegal Issues In PolicingE82| Co-resident consent. Was search for firearm lawful?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Court of Quebec decision R. v. Hennigar, 2024 QCCQ 4849 where police entered an apartment on the invite of a co-habitant to recover a loaded pistol she had found while cleaning a closet. Could the co-resident validly consent to the police entry in the accused's absence? Could the police conduct also be justified as a safety search? Or was a warrant required? Listen for the answers to these and other questions as they may help inform your future decision making. Thanks f...
2024-10-0913 minLegal Issues In PolicingE81| Satchel safety search. Was opening bag after its removal reasonable?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Buffong, 2024 ONCA 660 where police received a tip from a confidential informer that an individual would be at a Thunder Bay bus station — with money and a handgun — intending on travelling to Toronto. When police went to the bus station, they saw a man matching the description provided by the tipster and took steps to detain him. When an officer reached out to pat the man down, he felt something metal in a satchel the man...
2024-09-2831 minLegal Issues In PolicingE80| Case law classic. Running + recognition + reaction = fanny pack firearm.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. McKenzie, 2022 MBCA 3 where a man was seen running while clenching the left side of his body with his elbow. When the officer called out to the man, the officer recognized him as a gang member. The man reacted by picking up his pace, leading the officer to suspect the man might have a weapon concealed between his left arm and his body. After a short foot pursuit, the officer pinned the man against a...
2024-09-2631 minLegal Issues In PolicingE79| Actus reus, ASD refusal & a roadside flip-flop.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Khandakar, 2024 ONCA 620 where the driver of a vehicle changed their mind and wanted to provide an ASD breath sample after being arrested for refusing to do so. Just when does an unequivocal refusal to provide an ASD sample constitute the actus reus for a refusal charge? How much time does a driver have to change their mind? Criminal Code provisions:s. 320.15 (1) Everyone commits an offence who, knowing...
2024-09-0525 minLegal Issues In PolicingE78| By the numbers. Assaults on peace officers rise.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses Statistics Canada's most recent crime data and highlights the increase of assaults against peace officers. LinksStatistics Canada Data by Policing District/ZonePolice Reported Crime in Canada, 2023 (CSI) infographicUnderstanding and Using the Crime Severity Index Police-reported Information Hub: Selected Crime IndicatorsPolice-reported Information Hub: Criminal ViolationsPolice-reported Information Hub: Geographic Crime ComparisonsPolice-reported Information Hub: Homicide in CanadaIncident-based crime statistics, by detailed violations, Canada, provinces, territories, Census Metropolitan Areas and Canadian Forces Military PoliceCrime severity index and weighted clearance rates, C...
2024-08-2223 minLegal Issues In PolicingE77| A collision, an EDR extraction & privacy. Did a warrantless vehicle seizure permit a crash data download?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Attard, 2024 ONCA 616 where police — investigating a serious motor vehicle collision — seized the accused’s car, removed its event data recorder (EDR) and extracted the data, all without judicial authorization or consent. Was this warrantless conduct lawful? Could the data be used in court at the accused’s trial on a charge of dangerous driving causing bodily harm? The trial judge didn’t think so. Listen to find out what the Ontario Court of Appeal had to say...
2024-08-1933 minLegal Issues In PolicingE76| Cops or courts, news media or national parliament. Who do Canadian’s trust most?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the OECD Survey on Drivers of Trust in Public Institutions – 2024 Results: BUILDING TRUST IN A COMPLEX POLICY ENVIRONMENT OECD. The OECD (Organization for Economic Co-operation and Development) asked people in 30 countries about how much they trusted 11 public institutions, including the courts and judicial system, national parliament, news media and police. Just how did the police stack up against these institutions? Listen to find out.OECD countries — Australia, Belgium, Canada, Chile, Colombia, Costa Rica, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Irel...
2024-08-0709 min
Legal Issues In PolicingE75| A stop, seizure, arrest & search plus a multi breach Charter challenge.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Cameron, 2024 ONCA 231 where police — responding to a home invasion style robbery — detained a man leaving the scene in a vehicle. Was taking his keys to prevent his flight reasonable as an incident to investigative detention? Was telling him the police were “investigating a serious incident that happened in the area” sufficient to comply with s. 10(a)? Was moving him several kilometres away from the stop and then advising him of his right to counsel — some 11 mi...
2024-07-3021 min
Legal Issues In PolicingE74| A word to the wise. Read — & understand — your warrant!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Brown, 2024 ONCA 453 where police executed a Feeney warrant to arrest a man as part of the multi-jurisdictional investigation of a gang suspected of criminal activity, including trafficking in drugs and firearms. The warrant did not authorize a no-knock entry but police used a ram to break down the door without prior announcement anyways. A trial judge found the dynamic entry breached the Charter and stayed some, but not all of the charges, under s. 24(1). Was...
2024-07-1622 min
Legal Issues In PolicingE73| Dissecting the data. Supreme Court pronouncements — peak or plummet?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Supreme Court's 2023 Year in Review. How do last year's stats stack up against previous years? What does it mean for a decision to be unanimous? And how often does the court disagree on the outcome of a case? Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2024-07-1121 min
Legal Issues In PolicingE72| Search incident to arrest. Snooze, you lose!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Williams, 2024 ONCA 508 where an officer searched a vehicle after arresting its passenger on an outstanding warrant, finding drugs under his seat — including cocaine and fentanyl. The officer testified the search was a “search incident to arrest”, but no further questions were asked of him and nothing more was said. The accused did not challenge the constitutionality of the search at trial but, after being convicted of two PPT counts and breaching his bail, he argued before...
2024-07-0413 min
Legal Issues In PolicingE71| In God we trust; all others run on CPIC. But be careful!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Williams, 2024 ONCA 69 where police — relying on CPIC — arrested a man for breaching a no-contact condition of his undertaking and, following a search of his vehicle, found a loaded handgun. It turned out an exception to the no-contact condition was in play (i.e., there was no breach) but the police failed to check a different and easily accessible database which would have alerted them to its applicability. Were the grounds for arrest objectively reasonable? Should the...
2024-07-0226 min
Legal Issues In PolicingE70| Taking stock of an inventory search.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Donovan, 2024 BCCA 213, where an officer claimed a search — resulting in the discovery of GHB and methamphetamine — was to inventory an impounded vehicle’s contents. Defence argued the evidence found during the inventory — a search related to concerns extraneous to the criminal law — should not be admissible in a criminal trial. Was the accused right? Or could the evidence discovered during the inventory search be used in a criminal prosecution?Thanks for listen...
2024-06-2115 min
Legal Issues In PolicingE69| Search incident to arrest. Distance, delay & the common law way!Provide your feedback here. Anonymously send me a text message. In this episode, Mike shares his response to the criticism levelled against a police officer who, after arresting the driver of a vehicle for PPT, had the vehicle towed to the police station and searched it without a warrant. Did the distance and delay of the search — from the place and time of arrest — render a search of the vehicle outside the permissible scope of the common law doctrine of search incident to arrest? Can the police move a vehicle to properly search it? Or must a sear...
2024-06-1938 min
Legal Issues In PolicingE68| Case law classic. A residence, a ruse, a reaction & reasonable grounds for arrest.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Vu, [1998] Docket: CA023384 (BCCA) where police suspected a man of dealing in illegal weapons but thought they did not have enough grounds for a warrant to search his house. Police then placed a phone call to the man telling him they had a search warrant and were on their way to his house. Police watched the man as he exited his house with a garbage bag, put it in his truck and drove way...
2024-06-1707 min
Legal Issues In PolicingE67| Case law classic. Dialogue + ID ≠ detention.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the case law classic R. v. Poole, 2015 BCCA 464 where police — from inside their cruiser — spoke to a pedestrian standing on the street. After asking some questions and obtaining his name, he was checked on CPIC, which revealed an outstanding warrant for the man's arrest. Police stepped from their car, arrested the man and searched him, finding a loaded, cocked handgun in his pants. At just what point was the man detained? Was it — as the man claimed — when he was accosted by police an...
2024-06-1024 min
Legal Issues In PolicingE66| Circumstantial evidence, conjecture & common-sense. Is guilt the only reasonable conclusion?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses circumstantial evidence and alternate theories to guilt that may inferentially arise, even without an accused testifying. Just when does an inference cross the line from the speculative to the rational? Does common sense have anything to do with it? Or will any conceivable hypothetical or imaginative conclusion inconsistent with guilt suffice in raising a reasonable doubt? And how can understanding the inference drawing process prompt you to be a better investigator? Examples referenced — R. v. Dautruche, 2024 ONCA 426, R. v. Williams-Senior, 2024 ONC...
2024-06-0827 minLegal Issues In PolicingE65| Search incident to arrest. Was looking for evidence of motive — WHY someone might flee — proper?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Dautruche, 2024 ONCA 426, where an officer found cocaine in a vehicle he had searched after arresting its driver who had fled from a traffic stop and crashed. The officer claimed his search of the vehicle was to find evidence of the driver’s possible motive for fleeing. Was a search for this purpose truly incidental to the arrest? Was there some reasonable basis for the officer to do what he did? Check out this episode fo...
2024-05-2938 minLegal Issues In PolicingE64| Police, a pole camera & privacy. What gives?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Hoang, 2024 ONCA 54 where the police covertly installed a pole camera in a public place to record — for 8 days — the front of the accused’s detached home, including the movement of people and vehicles in and out of it and any activities taking place in front. Did this amount to a search such that s. 8 of the Charter was engaged and a warrant was required? The answer may surprise you! Thanks...
2024-05-1719 minLegal Issues In PolicingE63| Bench behaving badly. Was out-of-court conversation out-of-bounds?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the New Brunswick Court of Appeal decision R. v. Morrison, 2024 NBCA 54 where a trial judge personally called two police officers to get more information about a case he was presiding over? Was this out-of-court contact off-side? Or was the judge simply clarifying what he heard in court? Should the serious charges facing the accused be stayed? What would you do if a judge called to ask questions about a case? And what happened to the judge?Thanks...
2024-04-3015 minLegal Issues In PolicingE62| Birthday bash. Charter turns 42 today!Provide your feedback here. Anonymously send me a text message. In this episode, Mike celebrates the Charter's 42nd birthday! On April 17, 1982 -- when the Canadian Charter of Rights and Freedoms came into force. Listen to learn about some of the early discussion on the s. 8 (unreasonable search or seizure) and s. 9 (arbitrary detention) rights and how you can use the Supreme Court's interpretive framework to Charter proof your actions. Also check out the Constitutional Policing Seminar Series Mike will be presenting! Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2024-04-1712 minLegal Issues In PolicingE61| Slicing & dicing grounds. Was breathalyzer demand reasonable?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Devos, 2024 MBCA 23 where police made a demand for breath samples following a single vehicle rollover where a 15-year-old passenger was killed. Did the officer have the required reasonable grounds for the breathalyzer demand? And what happens when judges don’t see all of the facts the same way? Can evidence be reasonably subject to different interpretations? And would the officer’s grounds stand up even when some of what the officer relied upon was disc...
2024-04-1419 minLegal Issues In PolicingE60| Lawful arrest renders resistance unlawful.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Maurer, 2024 SKCA 20 where a K9 was stabbed after police tried to arrest a man for sexual assault. Despite an acquittal on the sexual assault charge, the man was convicted at trial in provincial court for resisting arrest (s. 129(a)), injuring a law enforcement animal (s. 445.01(1)) and carrying concealed weapons (s. 90). Was the man’s arrest lawful such that the police were in the execution of their duties? Does the legality of an arrest even ma...
2024-03-2342 minLegal Issues In PolicingE59| Inventory search rationale. Proper purpose or inappropriate pretext?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the New Brunswick Court of Appeal decision R. v. Morrison, 2024 NBCA 35 where police conducted an inventory search of a vehicle they towed from a bar parking lot. Did a request to be on the look out for the vehicle, having earlier been involved in a high-speed chase with the RCMP, taint the inventory search ? Or could police have other investigative reasons in mind when inventorying the vehicle and its contents. Did the police go too far in searching a book bag found...
2024-03-1821 minLegal Issues In PolicingE58| Police pwn press, politicians & courts in Canadian confidence polling.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses recent survey results from polling about the amount of confidence or trust Canadians have in various institutions, including the school system, media, parliament, the justice system and courts, and the police. Just how did the police stack up against these other institutions? No surprises here. Check out the results for yourself.Confidence in institutions and the media, 2023 — February 2024Confidence in Canadian Institutions (infographic) — November 2023Institutional Confidence: Canadians’ and Americans’ Perspectives — November 2023Experiences of discrimination in daily life among Chin...
2024-02-2518 minLegal Issues In PolicingE57| Dynamic entries & no-knock no-nos.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses dynamic entries and the legal standard for deviating from the long standing common law rule of "knock and announce" by looking at two recent Ontario Superior Court decisions, R. v. Russell, 2024 ONSC 529 (watch the police entry here) and R. v. Harper, 2024 ONSC 925. Learn about the origins of the rule and how the Supreme Court of Canada explained it more than a decade ago. Would you be prepared to justify an unannounced hard entry should you need to? Or would you be in...
2024-02-2052 minLegal Issues In PolicingE56| Animal abuse. Ruling 'wrong in reason, logic & in law'.Provide your feedback here. Anonymously send me a text message. TRIGGER WARNING: This episode contains graphic content of animal cruelty which may shock, offend or upset.In this episode, Mike discusses the Newfoundland and Labrador Court of Appeal decision R. v. Picco, 2023 NSCA 33, an animal cruelty case involving the treatment of four beagles. When authorities found the dogs, they were in “deplorable condition”, “emaciated”, “starving” and “near death”. You can see one of the dogs for yourself. Despite their condition, the trial judge found the dogs were not “suffering”, an essential actus reus element of a crime t...
2024-02-0216 minLegal Issues In PolicingE55| RGB. The proof is in the picture-perfect prediction provided.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses R. v. Isaac, 2022 MBPC 73, where police acted on the tip of a confidential informer reporting a man with a particular name would be attending a particular area, at a particular time, by a particular mode of transportation with drugs and cash? When police arrived at the location within the anticipated time, they saw the man as described, arrested him and found methamphetamine and cash. Did the police have the necessary grounds for the arrest? How does a court assess the reliability of so...
2024-01-2533 minLegal Issues In PolicingE54| Inventory update. No warrant needed to seize pistol.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Nova Scotia Court of Appeal decision R. v. Arsenault, 2024 NSCA 10, an update to a case featured in E3| Inventory searches. Things that make you go hmmm? This case involved a vehicle inventory search in which a loaded handgun was found in a glovebox and was seized without a warrant. Was this warrantless seizure lawful? Listen to find out what Nova Scotia's top court said when it weighed in on the matter. Thanks for listening! Feedback welcome at leg...
2024-01-2313 minLegal Issues In PolicingE53| In or out? Excision, exclusion & Charter confusion.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses R. v. Zacharias, 2023 SCC 30 a case involving a traffic stop that led to an investigative detention for a drug offence and the deployment of a sniffer dog. When the dog signalled the presence of drugs, the driver was arrested and the vehicle was searched incidental to arrest. This led to the discovery of more than 100 lbs. of marihauna along with other evidence including $12,600 in cash. Further arrests for PPT and possessing proceeds of crime followed as did transport to the police detachment...
2024-01-0556 minLegal Issues In PolicingE52| Investigative detention, defiance & attaining compliance.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses R. v. Noor, 2022 ONCA 338 where police responded to a 911 report of a man flashing a gun in the waistband of his pants. When police approached the accused — a man matching the suspect description found in the area — he appeared startled and quickly walked away. The man resisted police efforts to detain him and a violent struggle ensued. In the process of overcoming his resistance, police saw the butt of a handgun inside the man’s jacket pocket. Was this encounter an investigative detenti...
2023-12-1929 minLegal Issues In PolicingE51| Case law classic. Dialogue + detention + redial = drug bust!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the case law classic R. v. Baddock, 2008 BCCA 48 where a police officer, acting on a tip about a dial-a-doper, called a drug line and arranged for a meet. When a car arrived at a pre-arranged location but left within minutes, the officer suspected it was the drug dealer's car and pulled it over. Listen to find out what the officer did next to elevate his suspicion to what he believed were the grounds needed for an arrest. Did the judge agree with...
2023-12-0320 minLegal Issues In PolicingE50| Case law classic. Anonymous tip ⇉ arrest + search = gun!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the case law classic R. v. Murphy, 2006 Docket: C42133 (ONCA) where a police officer, acting on a tip about a man with a gun, saw the accused reach into his shirt and appear to be holding a gun tucked into his loose pants as he ran across the street. The accused was arrested, and in the course of a search incidental to arrest, police discovered cocaine and a handgun tucked into his pants. Did this tip — which the court treated as coming fro...
2023-11-2822 minLegal Issues In PolicingE49| Case law classic. Anonymous tip ⇉ investigative detention + safety search = gun!Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the case law classic R. v. Williams, 2013 ONCA 772 where a police officer, acting on an anonymous tip about a man with a gun, approached the accused and asked if he was armed. When the accused did not answer, bladed his body, motioned for his waist and did not follow directions, police grabbed his arms, lifted his t-shirt and saw the butt of a handgun. The man was then arrested, searched and police recovered the loaded pistol and drugs. Did the anonymous tip...
2023-11-0827 minLegal Issues In PolicingE48| Courtroom accountability. Candour, credibility & cross-examination.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Supreme Court decision R. v. Gallant, 2023 BCSC 1786 where a police officer testified he saw drugs in view during a traffic stop. Did the judge buy what the officer was selling? Did it help that some of what the officer said about the accused didn't match what was captured on video? What happen's when an officer's candour is challenged on cross-examination? Listen and learn. Your credibility, case and career may count on it. Thanks for listening! Feedback welcome at l...
2023-10-2341 minLegal Issues In PolicingE47| Chief MacDonald & serious harm, i.e. IIO.Provide your feedback here. Anonymously send me a text message. TRIGGER WARNING: This episode contains graphic content, including violence, suicide and death which may shock, offend or upset.In this episode, Mike discusses BC's Independent Investigations Office (IIO) and their most recent annual report. Are BC police notifying the IIO of only the cases that should be reported to them? Or are too many events being reported, including those that clearly do not fall within the IIO's mandate? What does the annual report tell us and should the criteria used for IIO notification...
2023-10-0457 minLegal Issues In PolicingE46| Speeding, sobriety screening & a safety search. Did ASD procedure properly prompt protective pat-down?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Saskatchewan Court of King’s Bench decision R. v. McDonald, 2023 SKKB 180 where a police officer, as a prelude to placing a driver in the back of a police vehicle, conducted a protective pat-down before obtaining a roadside breath sample. Was this safety search incidental to the roadside breath test procedure reasonable? Or did it amount to a s. 8 Charter breach? Listen and learn. Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2023-10-0244 minLegal Issues In PolicingE45| Threatening the po-po. Is police perception pivotal to prosecution?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Newfoundland and Labrador Court of Appeal decision R. v. Churchill, 2023 NLCA 26 where a man — ejected from a bar following a fight — was taken into police custody for being intoxicated in a public place. While handcuffed, and sitting in the secure rear seat of a police car parked outside the police lockup, the man told the officer, “I’m going to put my fucking boot in your head”. Did these words amount to an offence under the Criminal Code threatening provision? D...
2023-09-1230 minLegal Issues In PolicingE44| Incorrectly identifying individual during investigation. Did it invalidate illicit drug arrest?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Whitfield, 2023 ONCA 479 where the police misidentified their arrestee. Did this misapprehension undermine the officer’s reasonable grounds, rendering the arrest unlawful and the subsequent incidental search — and seizure of fentanyl — unreasonable? Or was this mistake inconsequential to the lawfulness of the arrest? And what about police action taken at a time it was supported in the jurisprudence but several years later turned out to be incorrect in law? Can it still be said that the po...
2023-09-0234 minLegal Issues In PolicingE43| Police "killing" data. Missing, misleading or misinformation?Provide your feedback here. Anonymously send me a text message. TRIGGER WARNING: This episode contains graphic content, including violence, suicide and death which may shock, offend or upset.In this episode, Mike discusses Tracking Injustice: A Law Enforcement and Criminal Justice Data and Transparency Project and Carleton University's assertion of it being a "National Database of Deaths Caused by Police Use of Force." Is the data set limited, as the project's website claims, to "killings and deaths following intentional police use of force" such as"police shootings that resulted in death, and instances w...
2023-08-1050 minLegal Issues In PolicingE42| Reason for running. Race, wrongdoing or irrelevant?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Campbell, 2023 ONCA 483 where a convicted criminal contended a judge’s charge to a jury about why he ran from police should have included an instruction on the practical realities of racialized Canadians and systemic racism. Is it possible he fled because he feared the police as a marginalized Black man or did his flight demonstrate a consciousness of guilt related to his wrongdoing — kidnapping, assault and firearms offences? Or is the reason he fled even...
2023-07-3124 minLegal Issues In PolicingE41| Traffic stop legitimacy. Ruse or good reason?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Provincial Court decision R. v. Roberts, 2023 BCPC 118 in which a police officer stopped a person for speeding. Was this stop arbitrary because the police also wanted to identify the driver to advance a suspected drug trafficking investigation? Was instructing the driver to exit the vehicle an unreasonable search? What about ordering the driver to remove his hand from his pocket? Listen now to answer these and other questions posed by this police encounter. Thanks for listening! Feedback welcome at...
2023-07-1119 minLegal Issues In PolicingE40| Reasonable grounds: W > Σ(F1 + F2 + F3 ... + Fn)Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Prince Edward Island Court of Appeal decision R. v. Simmons, 2023 PECA 4 where the police arrested two men, conducted an incidental search, and seized methamphetamine, cocaine and cannabis. Seeking the exclusion of evidence, the defence challenged the lead investigator's grounds for arrest. Did the the facts rise to the level required for a lawful arrest and find out why Mike used the Σ (sigma) symbol in the title's formula? Mike's Mental MathW = the whole (totality of the c...
2023-06-2328 minLegal Issues In PolicingE39| Important impaired intervals ignored. Crown’s case collapses.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Newfoundland and Labrador Provincial Court decision R. v. Pike, 2023 NLPC 1322A00622 where the Crown’s impaired driving case didn’t go so well. Find out why and ask yourself whether you would have done anything different to prop up the prosecution. Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2023-06-1315 minLegal Issues In PolicingE38| Reasonable Ground(s)hog Day. Predictable pattern permits principled pre-planning.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Fong, 2023 BCCA 196 where a police officer authorized the arrest of a man believed to be a dial-a-doper. Did the facts as found by the trial judge meet the legal threshold of reasonable grounds? Was the officer's SUBJECTIVE belief OBJECTIVELY reasonable? Listen and judge for yourself. Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2023-06-0527 minLegal Issues In PolicingE37| First responders second to none. Canadian confidence in cops crushes courts, cabinet & critics.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Statistics Canada report “Confidence in the police, the justice system and courts, the Federal Parliament, and the Canadian media varied across racialized groups” (March 31, 2023). Just how did the police stack up against the other institutions? Yale Law School's four pillars of procedural justice.Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2023-05-3018 minLegal Issues In PolicingE36| Right to be, right to see. Lawful presence, probable cause & plain view.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Supreme Court of Canada decision R. v. McGregor, 2023 SCC 4 where investigators searched a computer with a warrant for one purpose and discovered evidence related to entirely different crimes. Did the common law plain view doctrine apply in the digital world? Mike takes a deep dive into the requirements of this warrantless seizure power, and also briefly discusses the military justice system and data searches generally. You might also want to check out s. 489 of the Criminal Code.Thanks for...
2023-05-2645 minLegal Issues In PolicingE35| Safety search trigger: Immediate attack, imminent threat or informed risk?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Dhillon, 2023 BCCA 38 where a police officer stopped a man for traffic reasons but safety concerns led to a pat-down, an investigative detention for drug trafficking and the discovery of a loaded handgun in a man-purse. The man argued an "imminent threat" to an officer (or to the public) was necessary for a safety search to be lawful and that such a threat did not exist in this case. What did the BC Court of...
2023-05-1330 minLegal Issues In PolicingE34| Reasonable grounds: Missing the forest for the trees?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Lundy, 2023 BCCA 133 where a police officer arrested a man he believed was trafficking in drugs based on a tip and surveillance observations, all filtered through his experience. But the trial judge didn’t think the officer had enough grounds for an arrest, thereby arbitrarily detaining the man, and unreasonably searching him as an incident to the unlawful arrest. Would you make the arrest in similar circumstances? Listen and find out what BC’s Court of A...
2023-05-0936 minLegal Issues In PolicingE33| Happy birthday! Plus a s. 10(b) Charter fun fact.Provide your feedback here. Anonymously send me a text message. In this episode, Mike celebrates a birthday! It was 41 years ago today -- on April 17, 1982 -- when the Canadian Charter of Rights and Freedoms came into force. But the provisions of the Charter went through a series of drafts to become the text as you know it today. Listen to learn how the right to counsel as it found expression in s. 10(b) came to be. Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2023-04-1816 minLegal Issues In PolicingE32| Is common sense common? Maybe not so much.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Macfie, 2023 SKCA 39 where a police officer came upon a man slumped over the steering wheel of a truck that was oddly positioned in the parking lot of a grocery store in the early morning hour. The keys were in the ignition and the truck was running. Very slurred speech, intensely blood shot eyes, a strong breath odour of liquor and droopy face muscles were observed. The man also has an unlit cigarette in his f...
2023-04-0924 minLegal Issues In PolicingE31| Investigative detention. Familiar facts, frantic flight & figuring it out.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Wilkinson, 2023 BCCA 3 where officers chased down a man who fled on foot as they drove by in an unmarked police car late at night in a high crime area. But the officers were not responding to a reported crime nor did they have a specific crime in mind when they took up pursuit. Was the reasonable suspicion standard justifying an investigative detention met? If you are a proactive police officer who likes to investigate a...
2023-03-2431 minLegal Issues In PolicingE30| R.I.P. my brothers.Provide your feedback here. Anonymously send me a text message. Today, March 16, 2023, we lost two superheroes, 35-year-old Constable Travis Jordan (8.5 years of service) and 30-year-old Constable Brett Ryan (5.5 years of service). Both Edmonton Police Service officers were responding to a family dispute call in an apartment complex at about 12:47 a.m. Upon arrival, the officers entered the apartment building, approached the suite, and were shot by a young male suspect. At this time, all indications are that they did not have a chance to discharge their service weapons. Constable Jordan and Constable Ryan were...
2023-03-1702 minLegal Issues In PolicingE29| Keeping calm “contemporaneously” with courtroom cross examination.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses a trial tactic apparently used by some defence lawyers to make you feel humiliated while testifying. By knowing what to expect on cross-examination, you can “contemporaneously” keep your cool. If you can’t define contemporaneously, don’t feel less of yourself. Listen and you will understand what I mean. Keep calm and carry on!Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2023-03-1312 minLegal Issues In PolicingE28| Hardened criminal's Charter challenge chokes in court.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Justice decision R. v. Maftoon, (2021 ONCJ 583 / 2022 ONCJ 518) in which a patron at an outdoor public swimming pool took matters into his own hands and tried to argue the choices he made were somehow the fault of the police. Did his legal arguments stand up in court? Warning: This podcast contains explicit details that may be hard to hear for some listeners.Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2023-03-0919 minLegal Issues In PolicingE27| Successive search warrant submissions. Subversive or sensible?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Bond, 2021 ONCA 730 where a police officer resubmitted a search warrant application using the same information even though the warrant had already been rejected by a different justice. Did this amount to impermissible “judge-shopping” or was it a legitimate exercise? You might be surprised by the result.See also R. v. Duchcherer & R. v. Oakes, 2006 BCCA 171.Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2023-03-0425 minLegal Issues In PolicingE26| House arrest or home invasion? Fundamentals, frustration & Feeney.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Nova Scotia Court of Appeal decision R. v. Mitchell, 2022 NSCA 77 where a suspect in an intimate partner violence investigation asked a court to stay all 32 charges against him because the police entered his home without a warrant to arrest him. No statement was obtained nor was any evidence found as a result of this entry and arrest. Was the police conduct so egregious that the court granted the request? Mike also speaks about domestic violence and how times have changed.
2023-02-2350 minLegal Issues In PolicingE25| Flare guns, firearms & a "Hail Mary" defence.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Supreme Court decision R. v. Morris, 2023 BCSC 106 where the court was tasked with determining whether a modified flare gun found in the accused’s pocket was actually a firearm. And that’s not all. Listen to learn whether the judge fell for the “someone snuck it in my pocket while I slept” defence.Here are some Criminal Code definitions to help understand this case. "firearm means a barrelled weapon from which any shot, bullet or other...
2023-01-3019 minLegal Issues In PolicingE24| Canadian Beaver battle. What makes reasonable grounds reasonable?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Supreme Court of Canada decision R. v. Beaver, 2022 SCC 54 where the court was tasked with determining whether a seasoned homicide detective was justified in ordering the arrest of two murder suspects. The legality of the arrest hinged on whether the detective had the requisite reasonable grounds to believe (1) a crime was committed and (2) the arrestees committed it. You be the judge. And ask yourself, what would you have done in this situation?Thanks for listening! Feedback welcome at legalissuesinpolicing@g...
2023-01-0533 minLegal Issues In PolicingE23| IIO recommendation rejected. Crown clears cop.Provide your feedback here. Anonymously send me a text message. In this episode, Mike looks at the Independent Investigation Office's (IIO's) response to the Clear Statement issued by the BC Prosecution Service (Crown Counsel) explaining its decision not to lay charges against an RCMP officer who shot at and injured a man who was driving a truck erratically and struck police vehicles. The charges considered included attempted murder, aggravated assault/assault with a weapon, discharge a firearm with intent and reckless discharge of a firearm. Do you think this should have gone to trial? The Crown didn't a...
2022-12-2219 minLegal Issues In PolicingE22| The Crown is not your lawyer.Provide your feedback here. Anonymously send me a text message. In this episode, Mike looks at Klassen v. British Columbia (Minister of Public Safety and Solicitor General), 2021 BCCA 294, leave to appeal ref’d 2022 CanLII 1932 (SCC), a civil case involving two people acquitted in a criminal trial of assaulting a peace officer who then sued the officer and the Province for damages alleging wrongful arrest and Charter breaches. Does the doctrine of issue estoppel prevent the officer from asserting the arrest he made was lawful, despite a contrary finding by the judge in the criminal trial? And how does...
2022-12-0620 min
Conversations ResponsablesAccompagner le collaborateur en télétravail avec PIGUET GALLAND & LIIP🇨🇭Dans cet épisode helvète, Marina BIANCHI-GALANTI, DRH de la Banque PIGUET GALLAND & CIE et Joëlle MARY, Spécialiste RH pour l'agence LIIP, mettent en perspective les dispositifs mis en place pour accompagner le télétravail depuis la pandémie.
Les deux structures sont soutenues par des valeurs fortes mais ont aussi fait le choix d'accompagner les collaborateurs dans cette période de transition, chacune à leur manière.
Confiance, autonomie, management participatif, mentoring et développement personnel sont à l'honneur dans cet épisode de la Coccinelle.
Témoignag...
2022-12-0212 minLegal Issues In PolicingE21| Can police inventory a passenger's personal belongings?Provide your feedback here. Anonymously send me a text message. In this episode, Mike looks at R. v. Myers, 2022 NSCA 69, another inventory search case, this time released by the Nova Scotia Court of Appeal. Listen to find out what the province's highest court said about whether the search of a passenger's personal belongings fits within the scope of a vehicle inventory search.Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2022-11-2919 minLegal Issues In PolicingE20| Traffic stop snow job snubbed.Provide your feedback here. Anonymously send me a text message. In this episode, Mike uses the case of R. v. Robertson, 2022 ONSC 5795 to discuss traffic related stops under provincial legislation for regulatory and road safety reasons. Does an officer’s testimonial declaration of purpose dictate a factual finding of purpose? If not, what happens? Listen and learn.Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2022-11-2622 minLegal Issues In PolicingE19| Surrey Police Service: "Flicking on-and-off a light switch?"Provide your feedback here. Anonymously send me a text message. In this episode, Mike provides an outside look at Surrey's transition from the RCMP to the Surrey Police Service. In 2018 Brenda Locke, now the new mayor of Surrey, ran as a candidate for city council with the Safe Surrey Coalition which made the following promise: "We will also on Day 1 initiate the process to establish local Surrey Police Force that will be better able to deal with gang and gun crimes." Four years later, in 2022, Locke ran with the Surrey Connect Team with the vision to "keep th...
2022-11-1518 minLegal Issues In PolicingE18| Detain. Or detain not. There is no try.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses a question he was asked recently and uses the Saskatchewan Court of Appeal decision R. v. Ratt, 2020 SKCA 19 to inform his response. Police officers, and judges, must be careful not to confuse or conflate what justifies an investigative detention or arrest with what constitutes detention or arrest in the first place. An officer’s intention to detain or arrest is not determinative of whether a detention or arrest in law has occurred. The relevant time to determine whether the requisite subjective and objec...
2022-11-1520 minLegal Issues In PolicingE17| Searching vehicle after arrest on outstanding warrant. Fair or foul?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Francis, 2022 ONCA 729 where police arrested a man on an outstanding arrest warrant and searched the vehicle he was driving, discovering a loaded pistol and drugs in the process. This was followed up with a strip search at the police station and more drugs were found. Was a search of the vehicle as an incident to arrest proper when the basis for the arrest was an outstanding arrest warrant and there was no urgency because...
2022-10-3118 minLegal Issues In PolicingE16| Investigative Detention: Was Leaning In, Lighting Up & Looking About Vehicle Justified?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Ahmed, 2022 ONCA 640 where police officers detained the occupants of a vehicle matching the description of one suspected of being involved in gunfire. When an officer leaned in the car through its open door and lit up its interior with a flashlight, he saw a firearm partially sticking out from under a seat. It turns out the gun was loaded and had an extended magazine containing 26 rounds of 9 mm ammunition. Was the search of the v...
2022-10-2522 minLegal Issues In PolicingE15| Police expected to school judge on the law?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Chen, 2022 BCCA 296 where it is considered a “best practice” for a police affiant to educate an authorizing judge about how the law operates in an application to intercept private communications. Although an affidavit may satisfy the requirements that trigger the exception to investigative necessity under s. 186(1.1) of the Criminal Code, it would seem a police affiant is now being asked to school a judge by drawing their attention to the law as it applies. If th...
2022-10-0512 minLegal Issues In PolicingE14| Pedal pusher prompts pat-down plus protective pocket probe.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Supreme Court decision R. v. Castle, 2022 BCSC 1292 where a police officer conducted a pat-down search of a cyclist who was riding his bike at night without a helmet or lights on his bike. Not only did the officer pat-down the cyclist, he removed a small box from the cyclist’s front hoodie pocket, opened it and discovered drugs. Were these pat-down, pocket and box searches justified as an incident to detention?Thanks for listening! Feedback welcome at legalissuesinpolicing@gm...
2022-09-2024 minLegal Issues In PolicingE13| Listener Question: Cheating, child porn & the Charter.Provide your feedback here. Anonymously send me a text message. In this episode, Mike responds to a listener's question about a wife's surreptitious "search" of her husband's cell phone on which she locates child pornography, prints off screen shots of the images and brings them into the police station to report what she found. The Alberta Court of Appeal decision of R. v. King, 2021 ABCA 271 is used as a basis for discussion as it appears to address similar circumstances. A quick note on s. 8 Charter search and seizure law:Not every form of examination con...
2022-09-0518 minLegal Issues In PolicingE12| Repeat offender, repeat contender. CI's & the 3 C's.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Williams, 2022 ONCA 596 where a panel of three judges had to determine whether the arrest of the accused, prompted by informer information, was based on reasonable grounds. Listen for yourself and see how the Appeal Court applied the 3 C's to assessing the RELIABILITY of the information provided:Was the information provided by the informer COMPELLING?Was the informer CREDIBLE?Was the information CORROBORATED by police investigation pr...
2022-08-2421 minLegal Issues In PolicingE11| Listener Question: Penile swabs & reasonable cause.Provide your feedback here. Anonymously send me a text message. In this episode, Mike responds to a listener's question about the validity of a penile swab. The Supreme Court of Canada decision of R. v. Saeed, 2016 SCC 24 is discussed as well as academic and reference material in the area of penile swabs and DNA collection.Croatian Medical Journal - Analysis of DNA Evidence Recovered from Epithelial Cells in Penile SwabsJournal of Forensic and Legal Medicine - Assessing the presence of female DNA on post-coital penile swabs: Relevance to the investigation of sexual...
2022-08-1122 minLegal Issues In PolicingE10| R-E-S-P-E-C-T! Cops top judges, lawyers & lawmakers.Provide your feedback here. Anonymously send me a text message. In this episode, Mike highlights recent public opinion polls amongst Canadians and how they view police officers when compared to other actors in the legal system. You might be pleasantly surprised! Mike also uses a recent OPCC decision as an example of how the media failed to cover the ultimate outcome of a complaint against two officers accused of racial profiling. The allegations against the officers made headlines but their vindication was met with silence. OPCC Appointment of retired judges. 117 Review - Notice...
2022-08-0916 minLegal Issues In PolicingE9| Impaired paddling. Is a canoe a vessel?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Sillars, 2022 ONCA 510 where a panel of three judges had to determine whether a canoe was a vessel such that the impaired operation and testing provisions of the Criminal Code applied. Also examined in this episode is the extent to which the right to counsel under s. 10(b) of the Charter is suspended for ASD demands at the hospital when the requisite suspicion is formed bedside. It is important to understand that the law has b...
2022-07-2118 minLegal Issues In PolicingE8| To arrest or not arrest? That is the question.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Quebec Court of Appeal decision R. v. Leventis, 2022 QCCA 291 where a panel of three judges had to determine whether an arrest for drug possession was justified based on an anonymous tip of drug trafficking, along with suspicious observations, when viewed through the lens of the officer's experience. Also examined in this episode is the extent to which an anonymous tip is scrutinized and the role an officer's experience plays in the reasonable grounds analysis. "Experience is the hardest kin...
2022-07-1518 minLegal Issues In PolicingE7| Boxers, briefs & beltlines. What is a 'strip search'?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Choi, 2021 BCCA 410 where a panel of three judges had to determine whether a search conducted of a drug arrestee while he was booked into police cells amounted to a "strip search" such that the guidelines enunciated by the Supreme Court of Canada in Golden ought to apply. The arrestee's challenge to his sentence appeal (R. v. Choi, 2022 BCCA 90) will also be briefly reviewed.Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2022-07-0517 minLegal Issues In PolicingE6| Making a mistake. Is it fatal to your reasonable grounds?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Supreme Court of Canada decision R. v. Tim, 2022 SCC 12. In it, Canada's top court had to decide: (1) whether a police officer’s mistake of law rendered an arrest unlawful and therefore arbitrary under s. 9 of the Charter; (2) if so, whether the subsequent searches of the arrestee were authorized by law under s. 8 of the Charter; and (3) if there were Charter breaches, whether the evidence, including a loaded pistol and fentanyl, should be excluded under s. 24(2). You might be surprised by the outc...
2022-06-2419 minLegal Issues In PolicingE5| Excessive force. What's an appropriate remedy?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Alberta Court of Appeal decision R. v. Bidlock-Hawkins, 2022 ABCA 201 where, during a Charter voir dire, a trial judge concluded the police had used excessive force and then had to decide an appropriate remedy under s. 24 of the Charter. This episode may help you understand how s. 25 of the Criminal Code applies to your conduct in a criminal trial in which you are not a defendant but a Crown witness. Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2022-06-1918 minLegal Issues In PolicingE4| 'Safe' cracking incident to arrest. Is it reasonable?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision, R. v. Smith, 2022 ONCA 439 where police arrested the accused for drug possession, towed his vehicle back to the station and pried open a locked box - described as a safe - in which heroin, fentanyl and meth were found inside. Was prying open the "safe" without a warrant proper? Learn how you can protect your warrantless searches of vehicles and containers found inside as an incident to arrest from Charter challenge. Thanks for listening! Fe...
2022-06-1315 minLegal Issues In PolicingE3| Inventory searches. Things that make you go hmmm?Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Nova Scotia Supreme Court decision R. v. Arsenault, 2022 NSSC 149 involving a vehicle inventory search in which a loaded handgun was found in a glovebox and uses it as a basis to take a deep dive into these type of searches and how you can protect your searches from Charter challenge. Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2022-06-0519 minLegal Issues In PolicingE2| Butt-crack cocaine? Justifying a strip search.Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Supreme Court of Canada reasoning in R. v. Ali, 2022 SCC 1 and the standard required to justify a strip search incidental to an arrest. "Where a strip search is conducted as an incident to a person’s lawful arrest, there must be reasonable and probable grounds justifying the strip search, in addition to reasonable and probable grounds justifying the arrest. These grounds are met for the strip search where there is some evidence suggesting the possibility of concealment of weapons or...
2022-05-3016 minLegal Issues In PolicingE1| Are you case law curious?Provide your feedback here. Anonymously send me a text message. Are you case law curious? If you're a cop, you should be. In this episode Mike explains the mission behind the podcast and why every police officer should study, learn and understand case law. This is for cops about cops. Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
2022-05-2509 min
ZukunftspioniereTONIO ZEMP, LiipTonio ist kurz nach der Gründung von Liip im Jahr 2009 zum Unternehmen gestossen. Er ist Mitinhaber und war vor der Einführung von Holacracy 2016 Partner und Mitglied der Geschäftsleitung. Bei Liip engagiert er sich in den Bereichen Product Ownership, Business Development und Beratung. Tonio studierte Betriebswirtschaft und Informatik an der Universität Bern und hat vor seinem Eintritt bei Liip in der IT Beratung gearbeitet.
Liip ist eine Schweizer Digitalagentur mit starken Überzeugungen. Seit über zehn Jahren begleitet Liip Unternehmen in ihren strategischen Digitalprojekten – von der Entwicklung neuartiger Webapplikationen, preisgekrönten Mobile Apps und datengetriebener Onlinesho...
2022-05-0243 min
CominmagCominmag Live 79 Liip : la plus nationale des agences digitaleFondée à Fribourg puis déployée sur Zurich, Berne, Lausanne et St-Gall voici que Liip rejoint aujourd'hui les rives du Rhin à Bâle. Pour cette agence web qui s'est toujours démarquée par son approche méthodologique non conventionnelle, cette nouvelle installation lui assure plus que jamais l'accès aux plus grandes entreprises de ce pays. Un fait unique qu'aucune agence de publicité ou web n'a encore réussi jusqu'à présent. Pour nous en parler, nous recevons Jonas Vonlanthen, partner et Holocracy Coach.
2020-09-3033 min
L'Entreprise de Nouvelle GénérationL'Entreprise de Nouvelle Génération, Jonas Vonlanthen, Partner at Liip, Agile Organisations DeveloperJonas Vonlanthen, associé de l’agence web Suisse Liip nous explique comment son entreprise, pionnière de “Scrum” a déployé l’agilité à l’échelle via une gouvernance partagée. Réussir sa transformation et sa croissance est le challenge qu’a relevé lee collectif fascinant de Liip. Vous voulez apprendre de cette expérience ? Ecoutez le podcast!
Bienvenue dans la communauté de l'entreprise de nouvelle génération, le rendez-vous qui vous permet de rencontrer les praticiens du futur du travail, car les pratiques de demain sont déjà parmi nous, au sein d'entreprises pionnières.
L'objectif de ce podcas...
2019-12-1731 min
IceTMBig IceTM - Baixei o dedo - Beat Liip Beats Produção SFD PRODFicha Técnica
Música - Baixei o dedo
Letra - IceTM
Beat: Liip Beats
Mixagem e Masterização - SFDclan
LYRIC VÍDEO - https://www.youtube.com/watch?v=F8rjDv4VR00&feature=youtu.be
2017-11-2003 min