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Chapter 10

Chapter 10. The Criminal Process. The Criminal Process. A.k.a. Procedural criminal law Two most essential elements of Canadian Criminal Process are: - Truth - Justice. Procedural Justice. Fairness is determined by Procedural Justice

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Chapter 10

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  1. Chapter 10 The Criminal Process

  2. The Criminal Process • A.k.a. Procedural criminal law • Two most essential elements of Canadian Criminal Process are: - Truth - Justice

  3. Procedural Justice • Fairness is determined by Procedural Justice • The Law Reform Commission of Canada states that procedural justice should reflect the following principles: - fairness - efficiency - clarity - restraint - accountability - participation - protection (Printed these out for you!) These principles should guide everything from police practices to rulings by judges http://www.ctv.ca/wfive

  4. The Canadian Criminal Process • Canada’s criminal laws are enforced by the Criminal Code - creates offences - prescribes rules for prosecution - governs procedural matters e.g. - search warrants - powers of arrest - modes of trial - sentencing alternatives

  5. Police investigation • The criminal justice system relies upon the police to apprehend offenders and gather evidence necessary for a conviction • In Ontario general duties of Police Officers are set out in Section 42 of the Police Services Act

  6. Powers of Arrest or Detention • Arrest warrant – issued by Justice of the Peace • Bench warrant – issued by judge when accused person fails to attend court • Police can arrest w/o warrant under section 495 of the Criminal Code e.g. – when a person has committed indictable offence - believes a person is about to commit an indictable offence - a person is found committing an indictable offence

  7. “Reasonable and Probable Grounds” • Arrest powers are dependant on the officer having ‘reasonable and probable grounds’for making the arrest • Officer must have more than just suspicion • Sections 9 & 10 of the Charter protect against unjust arrest - the right to know reasons for arrest, detention or imprisonment - right to legal counsel - right to test legality of detention by means of a writ of habeas corpus

  8. Search • The power of search is subject to safeguards under the Charter of Rights and Freedoms • Police have no inherent right to search They can search: - anyone placed under arrest - anyone they reasonably believe is carrying a weapon in violation of the law - property under the control of an arrested person

  9. Statutes • Narcotic Control Act • Food and Drug Act • Liquor License Act - give specific authority to police to search such places and persons for narcotics, drugs, or alcohol But right to search is still subject to the Charter

  10. SECTION 8 • Guarantees the right to be free from ‘unreasonable search or seizure’ • In short, the police must have a reason for searching

  11. Search Warrant • Document issued from the court empowering the police to search places • Always required when searching a private home • To obtain a search warrant, police use a document called “information”

  12. Controlling Police Conduct • Who watches the police • How do we make sure they don’t abuse their powers? - Section 24 - Charter - gives courts the power to refuse evidence gathered through rights violations - using excessive force - trespassing on property - unlawful interrogation

  13. The Ontario Police Commission • Final appeal body for determining improper conduct by Ontario police • Effectiveness questionable – Why? - involves the assessment of police by other police officers

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