Legal Issues In Policing

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Legal Issues In Policing

LIIP

129 episodes

1 day ago

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Samuels, 2025 ONCA 736 where police arrested a man for drug trafficking and searched him at the scene incident to arrest by lifting his shirt and removing a bag of drugs sticking out from his underwear waistband. The man's sweatpants were then lowered to his knees, exposing a pair of jeans underneath, so officer's could search his pockets. Police found a ...

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Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Samuels, 2025 ONCA 736 where police arrested a man for drug trafficking and searched him at the scene incident to arrest by lifting his shirt and removing a bag of drugs sticking out from his underwear waistband. The man's sweatpants were then lowered to his knees, exposing a pair of jeans underneath, so officer's could search his pockets. Police found a ...

Show more...

Episodes (20/129)

Legal Issues In Policing

E129| A raised shirt, an underwear waistband & a baggie of blow. When is a search a 'strip search'?

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Samuels, 2025 ONCA 736 where police arrested a man for drug trafficking and searched him at the scene incident to arrest by lifting his shirt and removing a bag of drugs sticking out from his underwear waistband. The man's sweatpants were then lowered to his knees, exposing a pair of jeans underneath so officer's could search his pockets. Police found a t...

2 days ago

26 minutes

Legal Issues In Policing

E128| Are you smarter than a Supreme Court judge? Some might expect you to be.

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Supreme Court of Canada decision R. v. Wilson, 2025 SCC 32 where police arrested people present at a drug overdose after someone called 9-1-1 for emergency medical assistance. A search incident to arrest revealed modified handguns, firearm parts and ammunition inside a nearby vehicle. Was the arrest lawful? Or did the amendments made to the CDSA under the Good Samaritan Drug Overdose Act exemp...

6 days ago

39 minutes

Legal Issues In Policing

E127| Why you do what you do matters!

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Brabant, 2025 SKCA 101 where police arrested a man without reasonable grounds to do so. When the man was searched, police found meth in his pocket and a sawed-off rifle under his sweater. Although the trial judge found Charter breaches — arbitrary detention and unreasonable search — the evidence was nevertheless admitted because the police coul...

1 week ago

25 minutes

Legal Issues In Policing

E126| To knock or not to knock?

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Ngo, 2025 ONCA 685 where police conducted a no-knock entry when executing a search warrant? Was departing from the knock-and-announce rule justified in the circumstances? Or did police action render the manner of search unreasonable? Lower court decision (R. v. Ngo, 2022 ONSC 3700) Sentencing decision (R. v. Ngo, 2023 ONSC 282) Upcoming Training Sem...

3 weeks ago

22 minutes

Legal Issues In Policing

E125| A 'CLEW' to understanding search & seizure basics.

Provide your feedback here. Anonymously send me a text message. In this episode, Mike looks back to the basics of search and seizure law by using the acronym CLEW — Consent | Lawful Exception | Warrant — that you can use to think about this important investigative tool. Upcoming Training Seminars Officer Safety & The Charter — October 23, 2025 — 9 am to 3 pm — JIBC Detention, Arrest & Search — November 13, 2025 — 9 am to 3 pm — JIBC Thanks for listening! Feedback we...

1 month ago

15 minutes

Legal Issues In Policing

E124| A dropped 911, possible domestic & pocketed cocaine. Was safety search sensible?

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Supreme Court decision R. v. Bateman, 2025 BCSC 1780 where police responded to an abandoned 911 call. Suspecting a possible domestic, an officer patted-down a man who answered the door at the residence. After feeling something “hard” and “firm” in the man’s hoodie pocket, the officer reached in and removed the object, subsequently discovering it to be cocaine wrapped in a Ziplock bagg...

1 month ago

23 minutes

Legal Issues In Policing

E123| Did arrest of wrong man make it unlawful?

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Alberta Court of Appeal decision R. v. Araya, 2025 ABCA 61 where police mistakenly arrested the wrong man for robbery. When the man was searched, police found a loaded handgun in the satchel he was carrying. Did the mistaken identity render the arrest unlawful? Or did the officer still have reasonable grounds for arrest even though it turned out he arrested the wrong person? Find out what the ...

1 month ago

37 minutes

Legal Issues In Policing

E122| Test for arrest — cumulative, commonsensical & contextual.

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the New Brunswick Court of Appeal decision R. v. Breau, 2025 NBCA 95 where police arrested a woman for drug trafficking. When police searched the vehicle she was driving, drugs — including methamphetamine, MDMA, and cocaine — along with other evidence was discovered. The woman argued the police did not have sufficient grounds to arrest her, rendering her detention arbitrary — a s. 9 Charter breach...

2 months ago

23 minutes

Legal Issues In Policing

E121| Canada's overall crime down↓; assaults on officers up↑.

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses Statistics Canada's most recent crime data from 2024 and once again highlights the increase of assaults against peace officers. Links Statistics Canada Data by Policing District/ZonePolice Reported Crime in Canada, 2024 (CSI) infographicUnderstanding and Using the Crime Severity Index Police-reported Information Hub: Selected Crime IndicatorsPolice-reported Information Hub: Criminal Violatio...

2 months ago

19 minutes

Legal Issues In Policing

E120| A fenced yard, flight from arrest, a fight & Feeney.

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Hoffman, 2025 SKCA 75 where police opened the gate to a waist high, fenced yard and entered to arrest a man seen standing in it. When the officer advised the man that he was under arrest, the man turned and ran into the residence, followed by police. A physical altercation occurred leading to charges of assaulting a peace officer, resisting arrest an...

2 months ago

19 minutes

Legal Issues In Policing

E119| Does a strip search renew s. 10(b) Charter right to counsel?

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Thompson, 2025 ONCA 500 where a man was arrested in relation to a serious drug investigation and later strip searched after being booked into cells. Police delayed advising the man of his s. 10(b) Charter right to counsel for 20 minutes following his arrest, and did not re-advise him of his right to a lawyer before conducting the strip search many hours l...

2 months ago

42 minutes

Legal Issues In Policing

E118| Independent civilian oversight. Cheers, jeers & years!

Provide your feedback here. Anonymously send me a text message. TRIGGER WARNING: This episode contains graphic content, including violence, suicide and death which may shock, offend or upset. In this episode, Mike discusses examples of recently released reports from police civilian oversight agencies and the time it takes to conclude some of these investigations. Cases referenced: Saskatchewan — SIRT Concludes Investigation into in Custody Death in ReginaBC — July 10, 2022 - Williams ...

3 months ago

34 minutes

Legal Issues In Policing

E117| A tip, taxi, time & 10-20. Unreliable report or reasonable grounds for arrest?

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Miller, 2025 MBCA 48 where police — acting on an informer’s tip — arrested a man after stopping a taxi he was riding in. When the man was searched, police found cash, meth and two cellphones. Did the police sufficiently CORROBORATE the information? Was it enough for the what, when and where of the tip to be confirmed but not the criminal aspect related t...

3 months ago

20 minutes

Legal Issues In Policing

E116| Did apartment search warrant authorize entry through building's common areas to execute it?

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Supreme Court decision R. v. Dodd, 2025 BCSC 591 where police executed a search warrant at an apartment located in a 50 unit building. The warrant did not expressly authorize the police to move through the common areas inside the building to get to the door of the apartment, nor was permission sought from building management or another resident to enter. Did the police conduct amount to an ...

4 months ago

23 minutes

Legal Issues In Policing

E115| A CPIC check, failure to communicate & ca$hing in.

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision Shanthakumar Estate v. Canada Border Services Agency, 2025 ONCA 422 where a police officer continued an arrest made by CBSA of two seniors for breaching an undertaking condition based on a CPIC entry. Unfortunately, the charge related to the undertaking had been stayed but the CPIC entry had not been updated. It was only later learned, after the seniors had bee...

4 months ago

20 minutes

Legal Issues In Policing

E114| Taking inventory of an inventory search.

Provide your feedback here. Anonymously send me a text message. In this episode, Mike uses R. v. Cameron, 2025 ONSC 2621 as a springboard to take a deep dive into the topic of inventory searches. In Cameron, the police were found to be using the inventory search authority as a pretext for a criminal investigation tainted by racial bias. Listen to learn some tips about how you can Charter-proof your conduct in this area. Other cases referenced: Hunter v. Southam, [1984] 2 SCR 145; R. v. Colli...

4 months ago

50 minutes

Legal Issues In Policing

E113| Don't miss the donut by focussing on its hole!

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Miller, 2025 MBCA 48 where police arrested a man after receiving a tip from a confidential informer. When searched, police found drugs and cash in his possession. The question for the court to answer was whether or not the police had the necessary grounds to make the arrest using the 3 C's — Was the information COMPELLING? Was the source CREDIBLE? ...

5 months ago

20 minutes

Legal Issues In Policing

E112| Not all judges sing from the same song sheet.

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Asante, 2025 ONCA 387 where police arrested a man, finding cocaine, meth and fentanyl in the vehicle he was driving. Charged with three counts of PPT, the issue for the trial judge was to first determine whether the police had sufficient grounds to make the arrest. Find out what the Court of Appeal had to say about the trial judge's ruling. You might also...

5 months ago

35 minutes

Legal Issues In Policing

E111| The King's speech & law enforcement most trusted with privacy.

Provide your feedback here. Anonymously send me a text message. 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. Thanks for listening! Feedback welcome at legali...

5 months ago

8 minutes

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 Cha...

5 months ago

26 minutes