Legal Issues In Policing

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In this episode, Mike discusses Statistics Canada's most recent crime data from 2024 and once again highlights the increase of assaults against peace officers.

Links

• Statistics Canada Data by Policing District/Zone
• Police Reported Crime in Canada, 2024 (CSI) infographic
• Understanding and Using the Crime Severity Index 
• Police-reported Information Hub: Selected Crime Indicators
• Police-reported Information Hub: Criminal Violations
• Police-reported Information Hub: Geographic Crime Comparisons
• Police-reported Information Hub: Homicide in Canada
• Incident-based crime statistics, by detailed violations, Canada, provinces, territories, Census Metropolitan Areas and Canadian Forces Military Police
• Crime severity index and weighted clearance rates, Canada, provinces, territories and Census Metropolitan Areas

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In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Hoffman, 2025 SKCA 75 where police opened the gate to a waist high, fenced yard and entered to arrest a man seen standing in it. When the officer advised the man that he was under arrest, the man turned and ran into the residence, followed by police. A physical altercation occurred leading to charges of assaulting a peace officer, resisting arrest and damaging a police vehicle. Was the entry into the fenced yard to arrest the man lawful or were the police trespassers? Was a Feeney warrant required to enter the dwelling house or did the doctrine of fresh pursuit apply?

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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Thompson, 2025 ONCA 500 where a man was arrested in relation to a serious drug investigation and later strip searched after being booked into cells. Police delayed advising the man of his s. 10(b) Charter right to counsel for 20 minutes following his arrest, and did not re-advise him of his right to a lawyer before conducting the strip search many hours later and after he had already spoken to duty counsel. Was the 20 minute delay justified and were the police required to provide a second s. 10(b) advisement before conducting the strip search incident to arrest? What you might learn may change the way you do business! 

Additional cases referenced:

• R. v. Thompson, 2022 ONSC 6173
• R. v. West, 2020 BCSC 1780
• R. v. Kikiantonis, 2025 ONCJ 399
• Toronto Police Policy — 01-02 Search of Persons
• R. v. Sinclair, 2010 SCC 35
• R. v. Golden, 2001 SCC 83
• R. v. Suberu, 2004 SCC 33
• R. v. Ali, 2022 SCC 1
• R. v. Taylor, 2014 SCC 50

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TRIGGER WARNING: This episode contains graphic content, including violence, suicide and death which may shock, offend or upset.

In this episode, Mike discusses examples of recently released reports from police civilian oversight agencies and the time it takes to conclude some of these investigations. 

Cases referenced:

• Saskatchewan — SIRT Concludes Investigation into in Custody Death in Regina
• BC — July 10, 2022 - Williams Lake - Death (2022-167)
• BC — November 19, 2023 - Dawson Creek - Death (2023-338)
• Alberta — Fatal Edmonton Police Shooting - April 15, 2025
• Alberta — Fatal Calgary Police Shooting - February 19, 2025
• Ontario — SIU Director’s Report - Case # 25-TCD-082

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In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Miller, 2025 MBCA 48 where police — acting on an informer’s tip — arrested a man after stopping a taxi he was riding in. When the man was searched, police found cash, meth and two cellphones. Did the police sufficiently CORROBORATE the information? Was it enough for the what, when and where of the tip to be confirmed but not the criminal aspect related to it? Or should the police have done more investigation before making the arrest? 

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In this episode, Mike discusses the BC Supreme Court decision R. v. Dodd, 2025 BCSC 591 where police executed a search warrant at an apartment located in a 50 unit building. The warrant did not expressly authorize the police to move through the common areas inside the building to get to the door of the apartment, nor was permission sought from building management or another resident to enter. Did the police conduct amount to an unlawful search — thereby breaching the accused’s s. 8 Charter right — when they walked through the lobby, stairwell and hallway to arrive at the target suite’s door to execute the warrant? What the judge ruled might shock you!

s. 24(2) ruling (2025 BCSC 592)

Other cases mentioned: R. v. White, 2015 ONCA 508; R. v. Webster, 2015 BCCA 286; R. v. Unrau, 2025 ABCA 239; R. v. Evans, [1996] 1 SCR 8.

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In this episode, Mike discusses the Ontario Court of Appeal decision Shanthakumar Estate v. Canada Border Services Agency, 2025 ONCA 422 where a police officer continued an arrest made by CBSA of two seniors for breaching an undertaking condition based on a CPIC entry. Unfortunately, the charge related to the undertaking had been stayed but the CPIC entry had not been updated. It was only later learned, after the seniors had been transported to jail, that the undertaking had been vacated and the conditions were no longer in effect. The seniors — now plaintiffs in a civil action — sued the RCMP, CBSA & the police for negligence and arbitrary detention (under s. 9 of the Charter). Did the seniors have a case? Were their arrests unlawful? Did the police breach the standard of care expected of a reasonable officer in similar circumstances? Learning answers to these questions may help you with your decision making in like situations. 

Lower court ruling (2023 ONSC 3180).

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In this episode, Mike uses R. v. Cameron, 2025 ONSC 2621 as a springboard to take a deep dive into the topic of inventory searches. In Cameron, the police were found to be using the inventory search authority as a pretext for a criminal investigation tainted by racial bias. Listen to learn some tips about how you can Charter-proof your conduct in this area.

Other cases referenced: Hunter v. Southam, [1984] 2 SCR 145; R. v. Collins, [1987] 1 S.C.R. 265; R. v. Caslake, [1998] 1 SCR 51; R. v. Nicolosi, (1998) 127 C.C.C. (3d) 176; R. v. Wint, 2009 ONCA 52 leave to appeal refused [2009] S.C.C.A. No. 164; R. v. Strilec, 2010 BCCA 198; R. v. Nolet, 2010 SCC 24; R. v. Harflett, 2016 ONCA 248; R. v. Dunkley, 2016 ONCA 597; R. v. Ellis, 2016 ONCA 598; R. v. Cuff, 2018 ONCA 276; R. v. Russell, 2018 BCCA 330; R. v. Knott, 2019 MBCA 97 leave to appeal refused 2020 CanLII 27701 (SCC); R. v. Meyers, 2022 NSCA 69; R. v. Arsenault, 2023 NSCA 10; R. v. Morrison, 2024 NBCA 35; R. v. Donovan, 2024 BCCA 213; R. v. Cooper, 2016 BCPC 259; R. v. Opikokew, 2022 SKPC 14; R. v. Russell, 2017 BCPC 60.

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In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Miller, 2025 MBCA 48 where police arrested a man after receiving a tip from a confidential informer, finding drugs and cash in his possession. The question to ponder was whether or not the police had the necessary grounds to make the arrest using the 3 C's — Was the information COMPELLING? Was the source CREDIBLE? And was the information CORROBORATED? Listen to learn how the Court of Appeal applied the test. You might just want to follow along to bolster your understanding in this area of law. 

Other case mentioned in the podcast upholding mandatory breath testing — R. v. Wright, 2025 SKCA 52. 

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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Asante, 2025 ONCA 387 where police arrested a man, finding cocaine, meth and fentanyl in the vehicle he was driving. Charged with three counts of PPT, the issue for the trial judge was to first determine whether the police had sufficient grounds to make the arrest. Find out what the Court of Appeal had to say about the trial judge's ruling. You might also learn a thing or two to help you in the future with making your own arrest decisions.  

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