Legal Issues In Policing
Legal Issues in Policing (LIIP) is the podcast blending the demands of the book with the rulings from the bench through the lens of the badge. Police Officers with a solid understanding of the law and their legal powers are more confident, competent and effective. Each episode will examine a legal issue in policing by reviewing current Canadian criminal case law from coast to coast to coast.
Legal Issues In Policing
E110| Right to counsel. Police must proffer grounds for postponement.
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 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)
Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com