Legal Issues In Policing

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In this episode, Mike highlights two topics:

1. The King delivering the Speech from the Throne. 

2. 2024-2025 Public Opinion Research on Privacy Issues.

Find out what the King said about hiring more RCMP officers and what a survey prepared for the Office of the Privacy Commissioner of Canada said about people trusting law enforcement with their private information. 

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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Brown, 2024 ONCA 763 where  police postponed providing an arrestee access to counsel for about an hour and a half until he was transported to the police station. Was this delay justified in the circumstances? Does a "calm" and under control situation necessarily equate to a "safe" one? What are a police officer's obligations under s. 10(b) of the Charter?

s. 10(b) Charter — "Everyone has the right on arrest or detention … to retain and instruct counsel without delay and to be informed of that right."

Supreme Court of Canada dismissal of leave application. 

Trial decision on s. 10(b) application. (2022 ONCJ 678)

Decision on sentence. (2022 ONCJ 679)

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In this episode, Mike highlights National Police Week (May 11-17, 2025) and discusses the Ontario Court of Justice decision R. v. Vernaza-Vinces, 2025 ONCJ 257 where police chased a man on foot until he entered a vehicle and fled. Even though the police never pursued the man's vehicle in a police car, the court had to determine whether a charge of flight from police under s. 320.17 of the Criminal Code applied. Or was an essential element of the crime a requirement that the police themselves be pursuing in a motor vehicle?  

Order of Merit of the Police Forces Ceremony.

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In this episode, Mike discusses the Manitoba Provincial Court decision R. v. Wiebe, 2025 MBPC 35 where the police  installed a fixed pole camera in an alley accessible to the public to video record — for a month — the back lane and part of the concrete approach of a detached garage. Information noted by the police included the makes, models and licence plates of vehicles attending the garage; the time of day of the comings and goings; people who attended, who they were attending with, the type of clothing worn, and characteristics such as hair style, facial hair and tattoos. Did the warrantless use of the pole camera itself amount to a Charter search such that s. 8 was engaged?  

Winnipeg Police Service Press Release.

R. v. Desylva sentencing update (2025 ABKB 262).

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In this episode, Mike discusses the BC Court of Appeal decision R. v. Jaramillo, 2025 BCCA 77 where police brought a K9 along to arrest a man on an outstanding aggravated assault warrant. The dog never bit or touched the man, but barked. The man — a convicted criminal — said he was scared during the arrest. The judge found the use of the K9 breached the man’s s. 7 Charter right to “life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice” and reduced his sentence by 11 months to account for this Charter violation. When the Crown appealed the ruling, BC’s top court weighed in on the matter. Did the dog display violate s. 7 or was the judge way off-base? 

Decision on Sentence (2024 BCPC 263)

Decision on Sentence in a different matter (2021 BCPC 225)

BC Provincial Policing Standard 1.4 Principles for Standards for Police Service Dogs

BC Provincial Policing Standard 1.4.1 Police Service Dogs — General Requirements

BC Provincial Policing Standard 1.4.1 Police Service Dogs — Threshold and Circumstances of Police Dog Use

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In this episode, Mike discusses the BC Provincial Court decision R. v. Bajwa, 2025 BCPC 43 where police monitored and recorded — by video surveillance — a man using the toilet in cells for less than a minute. Although no genitalia was observed, his buttocks and thighs were videoed but there was no blurring, pixilation or blacking out of his toilet use, nor was he offered a privacy gown or shield. Did this videoing amount to an intrusion into the man’s privacy such that his right under s. 8 of the Charter — to be secure against unreasonable search or seizure — was breached? If yes, were the remedies of a stay of proceedings or exclusion of evidence in order?   

Decision on remedy (2025 BCPC 44)

BC Provincial Policing Standard 4.1.1 Video Surveillance Recording in Police Buildings

Toronto Police Service Policy — Privacy Shields

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In this episode, Mike celebrates the Charter’s 43rd birthday! On April 17, 1982 the Canadian Charter of Rights and Freedoms came into force. Listen to learn about some of the early discussion on the remedy provisions, from s. 26 to s. 24 to s. 24(1) and (2).

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In this episode, Mike discusses the Alberta Court of King's Bench decision R. v. Tierney, 2025 ABKB 223 where police delayed providing a man access to counsel for more than 16 hours after his arrest, claiming it was justified while seeking a search warrant for fear evidence might be destroyed. The police also failed to bring the man before a justice, waiting about 33 hours to do so. How did the judge feel about these delays after Crown conceded Charter breaches. Was evidence supporting serious charges excluded? This case provides a good summary of the case law and things a police officer needs to think about if delaying access to counsel.  

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

In this episode, Mike discusses the Supreme Court of Canada's 2024 Year in Review. How do last year's stats stack up against previous years? How long does it take the court to decide a matter? And how often is the court split on the outcome of a case?  

The Supreme Court of Canada Marks 150 Years of Service to Canadians

Royal Canadian Mint Supreme Court of Canada Commemorative Circulation Coin

Mike also updates two IIO cases.

IIO 2023-248: Mackenzie RCMP — Public Report

IIO 2022-249: Abbotsford Police — Information Bulletin

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In this episode, Mike discusses BC’s Independent Investigations Office (IIO) and referrals to Crown Counsel. What can be learned from the data? How long does it take for the IIO to conduct an investigation forwarded for prosecution? How long does it take before a decision on charges is made? And how many convictions have been obtained after trial? The answers may (or may not) surprise you!

IIO Annual Report 2023-2024
IIO Annual Report 2022-2023

2024-160: Saanich Police 

2021-171: Vernon RCMP — Crown's Clear Statement

2020-110: Williams Lake RCMP

2024-265: Vancouver Transit Police

2024-223: Abbotsford Police

2024-156: Nanaimo RCMP

2016-051: Prince George RCMP — trial judgement acquittal

BCPS Media & Clear Statement — Stay of proceedings relating to charges arising out of the death of Dale Culver

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