Legal Issues In Policing – Détails, épisodes et analyse

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Legal Issues In Policing

LIIP

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Fréquence : 1 épisode/10j. Total Éps: 132

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.

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Données mises à jour le 04/07/2026

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E102| I.I.Oh-oh. Data, decision making & delay.

Saison 4

lundi 31 mars 2025 • Durée 01:20:13

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In this episode, Mike discusses BC’s Independent Investigations Office (IIO) and referrals to Crown Counsel. What can be learned from the data? How long does it take for the IIO to conduct an investigation forwarded for prosecution? How long does it take before a decision on charges is made? And how many convictions have been obtained after trial? The answers may (or may not) surprise you!

IIO Annual Report 2023-2024
IIO Annual Report 2022-2023

2024-160: Saanich Police

2021-171: Vernon RCMP — Crown's Clear Statement

2020-110: Williams Lake RCMP

2024-265: Vancouver Transit Police

2024-223: Abbotsford Police

2024-156: Nanaimo RCMP

2016-051: Prince George RCMP — trial judgement acquittal

BCPS Media & Clear Statement — Stay of proceedings relating to charges arising out of the death of Dale Culver

Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

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E101| No magazine, no problem. Handgun still an operable 'firearm'.

Saison 4

dimanche 30 mars 2025 • Durée 22:42

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In this episode, Mike discusses the Supreme Court of Canada decision R. v. Donawa, 2025 SCC 10 where police found a handgun in a driver’s fanny pack during a roadside stop. The police sent the handgun for testing, but did not send the magazine or the ammunition found in it. A trial judge ruled the handgun was NOT a firearm — as defined under s. 2 of the Criminal Code — because it required special expertise, considerable time, and a part not readily available to make it operable. The Ontario Court of Appeal overturned the trial judge's decision, finding the gun was an operable firearm because it was capable of firing when loaded. The Supreme Court of Canada was then asked to weigh in. Listen and find out what their take on the issue was.

Criminal Code (s. 2):

"firearm means a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm."

Lower court ruling

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E100| Creativity, criticism & crime prevention. Parenting, policing & pragmatism.

Saison 4

lundi 17 mars 2025 • Durée 40:48

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In this episode, Mike discusses a crime prevention project he spearheaded called “OPERATION LODESTAR”, meaning one who serves as a guide or model. As part of this initiative, a poster was released depicting a young boy dressed up like a gangster with the caption — “When I grow up I want to be just like daddy. Kids live what they learn. Be the parent your child needs.” The campaign was both criticized and commended. Listen how the project was started and maybe you can use some of what you learn.

Includes audio from Operation Lodestar: Parenting Matters video.

More resources including posters & Parenting Matters video link.

Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

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E99| Mental illness, cognitive capacity & the right to counsel.

Saison 4

vendredi 14 mars 2025 • Durée 15:36

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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Kostuk, 2025 ONCA 195 where police arrested a man in the stabbing death of his friend. The man — who claimed he was suffering from schizophrenia and had not taken his medication — argued the police breached his s. 10(b) Charter right to counsel because they (1) took no steps to address his mental health issues before he spoke with his lawyer and (2) did not give him another opportunity to speak with his lawyer after he had taken his medication. Were the police required to take the man to the hospital as he requested? Was a second advisement about the right to counsel required after the man received his medication? What is the test for assessing cognitive capacity in the s. 10(b) context? And just how did the Court of Appeal address these questions.

Lower court ruling

Lower court sentencing

Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

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E98| Case law classic. Location + shock + movement + safety ALERT ⇉ detention ⇉ car search.

Saison 4

mercredi 12 mars 2025 • Durée 24:13

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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Plummer, 2011 ONCA 350 where police saw a man seated in a vehicle illegally parked near an apartment door where people would buy drugs. As the police passed by, the man appeared shocked or surprised and moved forward while slouching down as if to conceal something. When the man provided his name, the police recognized him as being associated to an officer safety alert describing him as possibly armed with a handgun. The man was asked to exit the vehicle and — when patted down — police found he was wearing a bullet proof vest. As police moved in to search the car, the man fled. Police discovered a loaded handgun in an overnight bag that was near where the man had been sitting. Was the man’s detention lawful? And, if he had standing to challenge the searches, was the vehicle and bag search valid as an incident to investigative detention? Or is this common law power limited only to a pat-down of the detainee?

Lower court ruling

Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

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E97| A pervert, a penis & a parking lot. Public place or private space?

Saison 4

samedi 8 mars 2025 • Durée 24:44

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In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Harpold, 2024 SKCA 26, where a plain clothed police officer saw a man masturbating in his car in the parking lot of a mall as she walked by it and looked through the driver’s window. When this went to trial, the man argued his vehicle was not a “public place" for the purpose of an indecent act charge. Is a private motor vehicle parked in a public place itself a public place for the purpose of the “indecent act” provision? Does the express or implied “access” as of right or by invitation required in the meaning of “public place” require physical access, or is visual access sufficient? Listen to find out what Saskatchewan’s top court ruled.

Regina Police Service press release

Edmonton Service press release

R. v. Desylva, 2025 ABKB 130

Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

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E96| Case law classic. Anonymous tip + corroboration ⇉ arrest ⇉ drug bust.

Saison 4

vendredi 28 février 2025 • Durée 25:27

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In this episode, Mike discusses the case law classic R. v. Jir, 2010 BCCA 497 where a police officer, after acting on an anonymous tip, stopped a motorist and immediately arrested him. When police searched the trunk of his car without a warrant, 120,000 ecstasy tablets were discovered. Did the police have enough grounds to arrest the man based on the anonymous tip? Or was more needed? Mike looks at these questions and what factors you can use to assess the reliability of information provided by a tipster.

Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

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E95| Confidence polling in public institutions. How did the police stack up?

Saison 4

mercredi 26 février 2025 • Durée 11:33

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In this episode, Mike again discusses recent survey results from Statistics Canada about the amount of confidence Canadians had in various institutions, including the school system, media, parliament, the justice system and courts, and the police. Just how did the compare to these other institutions? Check out the results for yourself.

Confidence in institutions, by gender and other selected sociodemographic characteristics

Confidence in institutions, by gender and province

Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

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E94| Shooting at, shot by & a search incident to arrest. Was 11 hour delay between arrest & search reasonable?

Saison 4

jeudi 20 février 2025 • Durée 33:57

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In this episode, Mike discusses the Alberta Court of King’s Bench decision R. v. Desylva, 2025 ABKB 36 where a police officer was shot at by a man being pursued. When the man’s car got stuck in the snow, the officer unloaded 25 rounds at the man as his car spun out. The man fled on foot, only to be located laying in the snow suffering from serious gun shot wounds to his head and neck area. The man was transported to hospital and his clothing, which had been removed and bagged by hospital staff, was seized and searched some 11 hours after arrest. Items police found in the man’s clothing included a large sum of cash and 40 grams of cocaine. This evidence was crucial to drug charges and could explain the reasons or motive for the man’s evasion and flight from police. Did the time span of 11 hours between arrest and search render it outside the scope of the search incident to arrest doctrine? Or could the police offer a reasonable explanation for the delay?

ASIRT Investigative Report

Video of shooting

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E93| Lengthy drive to elicit confession. Starlight tour or legitimate police procedure?

Saison 4

jeudi 6 février 2025 • Durée 27:49

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In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Pietz, 2025 MBCA 5 where police arrested a man in relation to the presumed death of another. After unsuccessfully trying to obtain a confession from the man, police took him for a lengthy drive in an effort to locate the victim’s body. During the ride, police kept the man in handcuffs, used offensive and profane language, and did not provide him with shoes, a jacket or a blanket while he was outside the police vehicle in chilly weather. Did the man’s removal from police headquarters in the middle of the night without his consent — along with the conditions of the ride — render the detention arbitrary under s. 9 of the Charter? And was an additional s. 10(b) advisement about the right to consult counsel required for this procedure? Listen now and learn a little — or a lot!

Lower court ruling

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Legal Issues In Policing – Détails, épisodes et analyse

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