Role of Law Enforcement: Difference between revisions
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==Note Taking== | ==Note Taking== | ||
The taking of notes during the course of an investigation is not simply as an aide memoire. They have an obligation to make notes. | The taking of notes during the course of an investigation is not simply as an aide memoire. They have an obligation to make notes.<ref> | ||
Wood v. Schaeffer, 2013 SCC 71 (CanLII) at para 67 ("...police officers do have a duty to prepare accurate, detailed, and comprehensive notes as soon as practicable after an investigation")<br> | |||
</ref> | |||
It is important for the judicial fact finding process that significant facts be recorded and not left to the "whim of memory".<Ref> | |||
R v Lozanovski, [http://canlii.ca/t/1k41k 2005 ONCJ 112] (CanLII) at para 14 ("It is important to the proper functioning of the judicial fact finding role that significant facts be recorded by police and not left to the whim of memory.")<br> | |||
</ref> | |||
Where police fail to take contemporaneous notes, their testimony can be considered unreliable and may not be admitted.<Ref> | |||
R v Tweedly, 2013 BCSC 910 (CanLII), per Greyell J, at para 160 ("it is important to recall it has been held innumerable times in our courts that police testimony, without the advantage of contemporaneous notes, is unreliable and often not admitted into evidence for that purpose.")<br> | |||
R. v. Zack, [1999] O.J. No. 5747 (Ont. C.J.) at para 6 ("In my view, the absence of the questioned observations in his notebook lead to the conclusion that those observations were not, in fact, made at the time but are perhaps something that over the course of time the officer has come to believe that he saw") | |||
</ref> | |||
Intentional failure to make notes may have negative consequences if it associated with a Charter breach.<ref> | Intentional failure to make notes may have negative consequences if it associated with a Charter breach.<ref> | ||
R. v. Vu, [2013] 3 SCR 657, [http://canlii.ca/t/g1r8p 2013 SCC 60] (CanLII), para 70 - Officer intentionally avoided taking notes | R. v. Vu, [2013] 3 SCR 657, [http://canlii.ca/t/g1r8p 2013 SCC 60] (CanLII), para 70 - Officer intentionally avoided taking notes | ||
</ref> | |||
Police should not be seen to thwart the objectives of Stinchcombe by making less accurate notes.<ref> | |||
R. v. Eagle, [1996] O.J. No. 2867 (Ont. C.J.) referencing the "Martin Report" ("The statement should emphasize that disclosure requirements after Stinchcombe cannot be thwarted by making less accurate or less comprehensive notes.")<br> | |||
</ref> | </ref> | ||
Revision as of 16:07, 1 March 2018
General Principles
Police Powers
- Investigative Detention
- Warrantless Arrests
- Warrant Arrests
- Authorized Searches Under s. 487
- Seizure of Property
Authority by Police Type
The Royal Canadian Mounted Police (RCMP) is the national police force.[1] They are peace officers for all jurisidctions in Canada.[2]
RCMP peace officers have "primary investigative jurisdiction concerning crimes committed in relation to national security or designated protected persons or designated protected sites".[3]
- ↑
Royal Canadian Mounted Police Act (RCMPA), R.S.C., 1985, c. R-10, s. 3
- ↑
s. 3 and 11.1 RCMPA
- ↑
R v Seguin, 2016 ONCJ 441 (CanLII) at para 50
Security Offences Act, RSC 1985, c S-7 at s. 2 and 6
Note Taking
The taking of notes during the course of an investigation is not simply as an aide memoire. They have an obligation to make notes.[1]
It is important for the judicial fact finding process that significant facts be recorded and not left to the "whim of memory".[2]
Where police fail to take contemporaneous notes, their testimony can be considered unreliable and may not be admitted.[3]
Intentional failure to make notes may have negative consequences if it associated with a Charter breach.[4]
Police should not be seen to thwart the objectives of Stinchcombe by making less accurate notes.[5]
- ↑
Wood v. Schaeffer, 2013 SCC 71 (CanLII) at para 67 ("...police officers do have a duty to prepare accurate, detailed, and comprehensive notes as soon as practicable after an investigation")
- ↑
R v Lozanovski, 2005 ONCJ 112 (CanLII) at para 14 ("It is important to the proper functioning of the judicial fact finding role that significant facts be recorded by police and not left to the whim of memory.")
- ↑
R v Tweedly, 2013 BCSC 910 (CanLII), per Greyell J, at para 160 ("it is important to recall it has been held innumerable times in our courts that police testimony, without the advantage of contemporaneous notes, is unreliable and often not admitted into evidence for that purpose.")
R. v. Zack, [1999] O.J. No. 5747 (Ont. C.J.) at para 6 ("In my view, the absence of the questioned observations in his notebook lead to the conclusion that those observations were not, in fact, made at the time but are perhaps something that over the course of time the officer has come to believe that he saw") - ↑ R. v. Vu, [2013] 3 SCR 657, 2013 SCC 60 (CanLII), para 70 - Officer intentionally avoided taking notes
- ↑
R. v. Eagle, [1996] O.J. No. 2867 (Ont. C.J.) referencing the "Martin Report" ("The statement should emphasize that disclosure requirements after Stinchcombe cannot be thwarted by making less accurate or less comprehensive notes.")