Unit 1: What is justice? The Canadian Judicial System

1. Unit 1: What is justice? The Canadian Judicial System • The Police • What is the role of police in society? • What police organisations exist in Canada? • What constitutes a legal arrest? • What are the rights of an accused during arrest? • What are the rights of the police during an arrest? • Where do we draw the line between protection and freedom? • Critical Thinking Questions • Content Knowledge Questions

2. Critical Thinking Questions (connect, challenge, critique) What is the role of police in society? Roles/Functions Positive Examples Negative Examples

3. Content Knowledge Questions (name, explain, understand) What is the role of police in the system? The role of police in Canadian society “Canadian police help keep people safe and make sure they follow the law. You can ask the police for help in all kinds of situations—if there has been an accident, if someone has stolen something from you, if someone has hurt you, if you see a crime taking place or if someone you know has gone missing.” -- Citizenship + Immigration Canada http://www.cic.gc.ca/english/newcomers/before-laws-policing.asp Page 208

4. Content Knowledge Questions (name, explain, understand) What police organisations exist in Canada? National Level of Police National- RCMP RCMP, http://www.rcmp-grc.gc.ca/rpp/rpp-2008-eng.htm (11/01/10)

5. Content Knowledge Questions (name, explain, understand) What police organisations exist in Canada? National Level of Police National- CSIS CSIS, http://www.csis-scrs.gc.ca/prrts/index-eng.asp (11/01/10)

6. Content Knowledge Questions (name, explain, understand) What police organisations exist in Canada? Provincial Level of Police Provincial- OPP & Sûreté du Québec

7. Content Knowledge Questions (name, explain, understand) What police organisations exist in Canada? Local Level of Police

8. Content Knowledge Questions (name, explain, understand) What police organisations exist in Canada? British Columbia http://www.pssg.gov.bc.ca/policeservices/description/

9. Critical Thinking Questions (connect, challenge, critique) What police organisations exist in Canada? • What are the benefits and drawbacks of having multiple police organisations in the Lower Mainland?

10. Content Knowledge Questions (name, explain, understand) What constitutes a legal arrest? • Must go beyond suspicion • Must establish: (mens rea or actus reus?) • An offense has been committed • Reasonable grounds that the suspect committed the offense • Action options • Appearance notice • Summary conviction, hybrid, less serious indictables • Names offense, time/place/location of apperance • Accused must receive a copy and sign • Warrant for arrest • If arrest is impossible at the scene • Summons issued to appear, delivered by representative of court • Arrest

11. Content Knowledge Questions (name, explain, understand) What constitutes a legal arrest? • Action options • Arrest • Purpose: lay charges, preserve evidence, preventative • Can be done without warrant if sufficient evidence exists that an offense has, is or will occur. • Musts: • Identification by police officers • Advise of arrest • Inform of charges (section 10 (a) of Canadian Charter of Rights and Freedoms) • Inform of rights (section 10 (b) of Canadian Charter of Rights and Freedoms) • Mays: • Use as much force as is necessary to prevent escape • Use deadly force if: harm/death to others, flees to escape arrest, no alternative means of preventing escape Criminal Liability Exists

12. Content Knowledge Questions (name, explain, understand) What are the rights of an accused during arrest? • Being Arrested • Charter of Rights and Freedoms • Informed of reason for arrest • Informed of right of lawyer, including duty counsel/legal aid • 60% gave statements and 70% give written statements before consultation with lawyer. Why? • Accused must be of sound mind and be able to understand the rights • Accused may refuse to • Be in a line up • Submit to polygraph test • Submit blood, urine or breath samples (except in impaired driving) • Submit DNA without a warrant Miranda Rights in Canada? "You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?" (See: R. v. Hebert[1990] 2 S.C.R. 151) “While Section 7 of the Charter guarantees the right to remain silent, Canadian law does not entitle the criminal suspect to have counsel present during the course of an interrogation. Once a suspect has asserted their right to counsel, the police are obliged to hold off in attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel, however suspects do not have the right to have counsel present during the questioning. Also, in Canada even if the suspect emphatically asserts his decision to remain silent, the police may continue to interrogate him. “ • Being Detained • I.e. being stopped for questioning • Should be a temporary ‘stage’- should lead to arrest or being let go • Illegal detention may be resisted with reasonable force

13. Content Knowledge Questions (name, explain, understand) What are the rights of the police during an arrest? Upon arrest: • Search to look for evidence (related) • Search to look for items for escape or harm • May take away possessions • Take to police station May: • Use as much force as is necessary to prevent escape • Use deadly force if: harm/death to others, flees to escape arrest, no alternative means of preventing escape

14. Critical Thinking Questions (connect, challenge, critique) Where do we draw the line between protection and freedom? Protection (from)….. Freedom (to)... • Should transit police be permitted to stop people carrying backpacks on skytrains heading into Downtown Vancouver on a fireworks night? • Should Vancouver Police be permitted to stop an unfamiliar vehicle, being driven by an unknown person with a known-drug dealer as a passenger after that vehicle has been spotted in the DTES for over 2 hours? • Should the RCMP be permitted to monitor phone calls with or without a warrant?

15. Unit 1: What is justice? The Canadian Judicial System • The Police • What is the role of police in society? • What police organisations exist in Canada? • What constitutes a legal arrest? • What are the rights of an accused during arrest? • What are the rights of the police during an arrest? • Where do we draw the line between protection and freedom? • Critical Thinking Questions • Content Knowledge Questions

16. Prep • Read pages 189-196 for content understanding. • Select one of the questions and be prepared to have a 30 minute online discussion next class. • Bring a computing device (phones are not optimal). • I expect you to reference at least 2 bonafide resources to support your position. Suggestions: BC Civil Liberties Association, Police Unions, major Political Parties as starting points.