Court Appearances and Canadian Legal Terms
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swedie
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Canadian Criminal Law/Offences/Homicide
Generally, homicide is the causing of death of another person (s.222(1)), irrespective of whether there was any intention to cause death or if it was by accident. There is culpable homicide and non-culpable homicide.(s. 222(2)).
Culpable homicide refers to the types of homicide for which there are criminal penalties. It includes causing death (s.222(5)):
by means of an unlawful act,
by criminal negligence,
by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death, or
by willfully frightening that human being, in the case of a child or sick person.
These methods are all categorized as either murder, manslaughter, or infanticide.(s.222(4))
Hijacking, sexual assault or kidnapping
(5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:
(a) section 76 (hijacking an aircraft);
(b) section 271 (sexual assault);
(c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
(d) section 273 (aggravated sexual assault);
(e) section 279 (kidnapping and forcible confinement); or
(f) section 279.1 (hostage taking).
More information at site:
http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Homicide
Generally, homicide is the causing of death of another person (s.222(1)), irrespective of whether there was any intention to cause death or if it was by accident. There is culpable homicide and non-culpable homicide.(s. 222(2)).
Culpable homicide refers to the types of homicide for which there are criminal penalties. It includes causing death (s.222(5)):
by means of an unlawful act,
by criminal negligence,
by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death, or
by willfully frightening that human being, in the case of a child or sick person.
These methods are all categorized as either murder, manslaughter, or infanticide.(s.222(4))
Hijacking, sexual assault or kidnapping
(5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:
(a) section 76 (hijacking an aircraft);
(b) section 271 (sexual assault);
(c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);
(d) section 273 (aggravated sexual assault);
(e) section 279 (kidnapping and forcible confinement); or
(f) section 279.1 (hostage taking).
More information at site:
http://en.wikibooks.org/wiki/Canadian_Criminal_Law/Offences/Homicide
Judicial Pre-Trials
A “Judicial Pre-trial” is closely related to a Crown Resolution Meeting, except that this second-stage discussions are now held in front of a judge. The judge may assist in narrowing some of the outstanding legal issues and often is effective in persuading one party to resolve in cases of a stalemate in the negotiations. These meetings are held either in Judge’s Chambers or in closed court and accused persons are usually not permitted to attend.
This allows your lawyer and the Crown the opportunity to discuss the case candidly as any admissions made on behalf of the client are not binding until the client accepts it. In cases where your lawyer considers the Crown’s position on sentencing unreasonable, the Judicial Pre-Trial also affords an opportunity for a judge to weigh in with his or her opinion, which in certain cases may benefit a client who chooses to enter a plea before that same judge.
http://www.aelaw.ca/criminal-process-in-ontario/
A “Judicial Pre-trial” is closely related to a Crown Resolution Meeting, except that this second-stage discussions are now held in front of a judge. The judge may assist in narrowing some of the outstanding legal issues and often is effective in persuading one party to resolve in cases of a stalemate in the negotiations. These meetings are held either in Judge’s Chambers or in closed court and accused persons are usually not permitted to attend.
This allows your lawyer and the Crown the opportunity to discuss the case candidly as any admissions made on behalf of the client are not binding until the client accepts it. In cases where your lawyer considers the Crown’s position on sentencing unreasonable, the Judicial Pre-Trial also affords an opportunity for a judge to weigh in with his or her opinion, which in certain cases may benefit a client who chooses to enter a plea before that same judge.
http://www.aelaw.ca/criminal-process-in-ontario/
How to Prepare for a Judicial Pre-Trial Conference
http://www.lsuc.on.ca/For-Lawyers/M...-Prepare-for-a-Judicial-Pre-Trial-Conference/
http://www.lsuc.on.ca/For-Lawyers/M...-Prepare-for-a-Judicial-Pre-Trial-Conference/
swedie
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Dellen Millard’s lawyer takes a ‘Napoleon’ approach to trials
On the morning news broke about the mysterious disappearance of Tim Bosma, Deepak Paradkar whispered a silent prayer.
“I prayed for his family and that he would be found safely,” recalls the Christian son of a Presbyterian minister, who says he felt deep remorse for the missing father and husband he’d never met.
“I haven’t stopped praying for him.”
Today, you’ll find a Hummer parked in his driveway. The meticulously polished, bright-red Maserati and the yellow-and-black Lamborghini (in deference to his beloved Pittsburgh Steelers) sit a few metres away in the triple garage of his multi-million dollar house.
He’s successfully defended a host of high-profile figures with long-shot legal odds, including a Jamaican bobsledder accused of smuggling cocaine, a Yemeni man arrested in Toronto amid the 9/11 terror attacks carrying passports and a Lufthansa flight uniform and a murder suspect alleged to have stabbed his victim to death in a motel.
http://metronews.ca/news/toronto/698926/millard-lawyer/
On the morning news broke about the mysterious disappearance of Tim Bosma, Deepak Paradkar whispered a silent prayer.
“I prayed for his family and that he would be found safely,” recalls the Christian son of a Presbyterian minister, who says he felt deep remorse for the missing father and husband he’d never met.
“I haven’t stopped praying for him.”
Today, you’ll find a Hummer parked in his driveway. The meticulously polished, bright-red Maserati and the yellow-and-black Lamborghini (in deference to his beloved Pittsburgh Steelers) sit a few metres away in the triple garage of his multi-million dollar house.
He’s successfully defended a host of high-profile figures with long-shot legal odds, including a Jamaican bobsledder accused of smuggling cocaine, a Yemeni man arrested in Toronto amid the 9/11 terror attacks carrying passports and a Lufthansa flight uniform and a murder suspect alleged to have stabbed his victim to death in a motel.
http://metronews.ca/news/toronto/698926/millard-lawyer/
swedie
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General Principles:
2004 Presumption of Innocence Burden of Proof, Reasonable Doubt, Assessment of Evidence, Numbers of Witnesses and Testimony of Person Charged(The W. (D.) Instruction)
http://www.cjc-ccm.gc.ca/english/lawyers_en.asp?selMenu=lawyers_pmf_generalprinciples_en.asp
Canadian Criminal Evidence/Burden of Proof
General Principles and Presumption of Innocence
http://en.wikibooks.org/wiki/Canadian_Criminal_Evidence/Burden_of_Proof
2004 Presumption of Innocence Burden of Proof, Reasonable Doubt, Assessment of Evidence, Numbers of Witnesses and Testimony of Person Charged(The W. (D.) Instruction)
http://www.cjc-ccm.gc.ca/english/lawyers_en.asp?selMenu=lawyers_pmf_generalprinciples_en.asp
Canadian Criminal Evidence/Burden of Proof
General Principles and Presumption of Innocence
http://en.wikibooks.org/wiki/Canadian_Criminal_Evidence/Burden_of_Proof
swedie
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C&P'ed from my list downstream. For future reference, just tucking it in over here so it doesn't get lost in the shuffle. 
These points I have clipped and pasted from numerous articles/reports, I have slightly revised, but not to twist their meaning. For me to link a site would make it a very long post. If one is interested in finding the article, just copy and paste the point below into google and it should bring you to that article. HTH
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*TB was killed.
*DM and MS have been arrested and charged with first degree murder, DM also carries charges of theft and forcible confinement.
*Police say DM and TB's paths first crossed during a test drive in Bosma’s truck.
*DM has so far not co-operated with investigators, but his lawyer maintains he is innocent. DM is exercising his right to remain silent.
*DM has no criminal record.
*One thing the police are not considering is that Bosma was in any way involved with these people before his disappearance.
*MS's lawyer Tom Dungey, says his client will plead not guilty and he will “vigorously” fight the murder charge.
*TB and BO were contacted by someone telling them they were interested in buy their Dodge Ram 3500 diesel trucks. BO's truck is a newer model.
*TB and BO listed their trucks for sale on line. TB posted his cellular number for contact.
*BO "found them suspicious". The pair arrived on foot at his business in an industrial part of Etobicoke.
*BO saw multiple tattoos on arms of the male who test drove his truck. DM has tattoos on both arms, underside and words I have seen in pictures.
*BO saw an ambition tattoo with a box around it, on the person's wrist who test drove his truck.
*LE believe because of the BO's size, very large male, he could have overpowered them, which may have deterred perps.
*He said the taller suspect drove while the other suspect sat behind the owner in the passenger seat.
*A third person owning a Dodge truck was contacted May 5th, by the same burner phone number and planned to go on a test drive but the seller slept in, missing the drive.
*Police are now considering a “thrill kill” as a possible motive for the mysterious slaying of Tim Bosma.“It is seriously being looked at,” said one police source. “There is a theory that it was about stealing a truck but also hurting somebody.”
*Stealing the truck is definitely also part of it.
*TB left for a test drive with two males and never returned home.
*Learned from police that Bosma's phone was turned off within a mile north of his house. As reported in early conference, by Kav, TB's phone was turned off shortly after 10pm.
*TB's cell phone was found in Brantford industrial area May 9th.
*BO gave a description of the two males and this description also matched the description given by SB. The BO was also able to give a description of the ambition tattoo.
*Video evidence recovered shows when Mr. Bosma's vehicle left his residence, there was a second vehicle following.
*Bosma's truck was spotted in downtown Brantford approximately 10:10pm after Bosma left on the test drive, but the witness couldn't tell how many people were inside.
*Police were able to work backwards to pin down the phone used by one the suspects in the case. The phone had been used for three months in different parts of Etobicoke based on tower information.
*Kav had originally stated that the attack on Bosma was “targeted,” but Hamilton police later clarified Bosma's truck was targeted.
*Burner cell phone records can be traced to DM.
*The burner cell phone has not been used since TB's disappearance.
*A dark blue Yukon SUV owned by Dellen Millard, was following TB's truck the night TB was abducted. They, whoever they are (LE), say only a driver was inside.
*A source with knowledge of the investigation said police indicated Bosma was killed in the truck.
*TB was burned beyond recognition and found on the farmland property owned by DM.
*There were two areas of DM's farmland property where the ground was burnt.
*A neighbour had given police a photograph of what he called an incinerator on a trailer he saw on the site on Friday. He said the place where police have set up a tent is one of the locations where he saw the incinerator.
*Two days after its disappearance, TB's truck was found inside a trailer registered to Millardair in MB's, DM's mother's driveway.
*Neighbours said the trailer had appeared days earlier, on Wednesday night while they watched the Leafs lose their fourth playoff game.
*An incinerator was found on farmland owned by DM. LE are not saying whether the incinerator was used to try and dispose of TB.
*A HD motorcycle and a trailer which were stolen were found inside of the Millardair new hangar. The motorcycle, which was stolen shortly after being advertised, had been chopped into pieces and repainted with its serial numbers shaved down.
*It has been speculated that the hangar was being used as a giant “chop shop” for stolen vehicles due to the presence of dismantled, repainted vehicles with serial numbers ground away.
*Millard inherited the $6.4-million hangar after his father, Wayne Millard, died in November 2012.
*Since DM's arrest, the investigation has seen forensics and police comb through three of his properties in Etobicoke, a farm near Ayr and a Waterloo airport hangar.
*LE are further investigating the disappearance of LB and the death of WM who died of a gunshot wound to the head, originally believed to be suicide.
*police confirmed that Millard was “romantically linked” to a Toronto woman who went missing almost a year ago. Babcock went missing last July and phone records show she had contact with DM on July 3, 2012.
*DM has a gamer tag image of him with a bloody eye.
*Mark Smich, the second suspect in the Tim Bosma killing, has been formally charged with first-degree murder.
*MS has five previous convictions, including two for drug possession 2005 and 2006, and one for impaired 2009, and has an outstanding mischief under $5,000 charge for graffiti on an overpass.
Just a few points to consider. JMO
These points I have clipped and pasted from numerous articles/reports, I have slightly revised, but not to twist their meaning. For me to link a site would make it a very long post. If one is interested in finding the article, just copy and paste the point below into google and it should bring you to that article. HTH
----------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------
*TB was killed.
*DM and MS have been arrested and charged with first degree murder, DM also carries charges of theft and forcible confinement.
*Police say DM and TB's paths first crossed during a test drive in Bosma’s truck.
*DM has so far not co-operated with investigators, but his lawyer maintains he is innocent. DM is exercising his right to remain silent.
*DM has no criminal record.
*One thing the police are not considering is that Bosma was in any way involved with these people before his disappearance.
*MS's lawyer Tom Dungey, says his client will plead not guilty and he will “vigorously” fight the murder charge.
*TB and BO were contacted by someone telling them they were interested in buy their Dodge Ram 3500 diesel trucks. BO's truck is a newer model.
*TB and BO listed their trucks for sale on line. TB posted his cellular number for contact.
*BO "found them suspicious". The pair arrived on foot at his business in an industrial part of Etobicoke.
*BO saw multiple tattoos on arms of the male who test drove his truck. DM has tattoos on both arms, underside and words I have seen in pictures.
*BO saw an ambition tattoo with a box around it, on the person's wrist who test drove his truck.
*LE believe because of the BO's size, very large male, he could have overpowered them, which may have deterred perps.
*He said the taller suspect drove while the other suspect sat behind the owner in the passenger seat.
*A third person owning a Dodge truck was contacted May 5th, by the same burner phone number and planned to go on a test drive but the seller slept in, missing the drive.
*Police are now considering a “thrill kill” as a possible motive for the mysterious slaying of Tim Bosma.“It is seriously being looked at,” said one police source. “There is a theory that it was about stealing a truck but also hurting somebody.”
*Stealing the truck is definitely also part of it.
*TB left for a test drive with two males and never returned home.
*Learned from police that Bosma's phone was turned off within a mile north of his house. As reported in early conference, by Kav, TB's phone was turned off shortly after 10pm.
*TB's cell phone was found in Brantford industrial area May 9th.
*BO gave a description of the two males and this description also matched the description given by SB. The BO was also able to give a description of the ambition tattoo.
*Video evidence recovered shows when Mr. Bosma's vehicle left his residence, there was a second vehicle following.
*Bosma's truck was spotted in downtown Brantford approximately 10:10pm after Bosma left on the test drive, but the witness couldn't tell how many people were inside.
*Police were able to work backwards to pin down the phone used by one the suspects in the case. The phone had been used for three months in different parts of Etobicoke based on tower information.
*Kav had originally stated that the attack on Bosma was “targeted,” but Hamilton police later clarified Bosma's truck was targeted.
*Burner cell phone records can be traced to DM.
*The burner cell phone has not been used since TB's disappearance.
*A dark blue Yukon SUV owned by Dellen Millard, was following TB's truck the night TB was abducted. They, whoever they are (LE), say only a driver was inside.
*A source with knowledge of the investigation said police indicated Bosma was killed in the truck.
*TB was burned beyond recognition and found on the farmland property owned by DM.
*There were two areas of DM's farmland property where the ground was burnt.
*A neighbour had given police a photograph of what he called an incinerator on a trailer he saw on the site on Friday. He said the place where police have set up a tent is one of the locations where he saw the incinerator.
*Two days after its disappearance, TB's truck was found inside a trailer registered to Millardair in MB's, DM's mother's driveway.
*Neighbours said the trailer had appeared days earlier, on Wednesday night while they watched the Leafs lose their fourth playoff game.
*An incinerator was found on farmland owned by DM. LE are not saying whether the incinerator was used to try and dispose of TB.
*A HD motorcycle and a trailer which were stolen were found inside of the Millardair new hangar. The motorcycle, which was stolen shortly after being advertised, had been chopped into pieces and repainted with its serial numbers shaved down.
*It has been speculated that the hangar was being used as a giant “chop shop” for stolen vehicles due to the presence of dismantled, repainted vehicles with serial numbers ground away.
*Millard inherited the $6.4-million hangar after his father, Wayne Millard, died in November 2012.
*Since DM's arrest, the investigation has seen forensics and police comb through three of his properties in Etobicoke, a farm near Ayr and a Waterloo airport hangar.
*LE are further investigating the disappearance of LB and the death of WM who died of a gunshot wound to the head, originally believed to be suicide.
*police confirmed that Millard was “romantically linked” to a Toronto woman who went missing almost a year ago. Babcock went missing last July and phone records show she had contact with DM on July 3, 2012.
*DM has a gamer tag image of him with a bloody eye.
*Mark Smich, the second suspect in the Tim Bosma killing, has been formally charged with first-degree murder.
*MS has five previous convictions, including two for drug possession 2005 and 2006, and one for impaired 2009, and has an outstanding mischief under $5,000 charge for graffiti on an overpass.
Just a few points to consider. JMO
swedie
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Possible evidence
*tire tracks left by vehicles at the scene,
*boot/shoe prints found at the scene,
*DNA/prints/blood found in numerous places,
*eye witnesses,
*video surveillance, from BO's place of business or other businesses in that area, TB's house suggesting Yukon was seen following TB's truck, other videos from Brantford (motel, gas station ??),
*GPS on TB's truck or DM's Yukon,
*cell phone records, TB's cell phone with accused murderers DNA/prints,
*burner phone itself and/or records,
*farmland neighbours, witnesses and picture(s), suggesting there are more pictures than what we are privy to,
*incinerator,
*DM's Yukon,
*DM's trailer,
*murderers clothing worn the night of the murder,
*shoes/boots,
*mud or dirt from farmland inside TB's truck or DM's trailer along with impressions/prints inside left by shoes/boots,
*computers, xboxes/PS2(3), owned by the accused,
*phone records from MS's home,
*phone records from DM's phone,
*cell phone tower records,
*friend or acquaintances of DM and MS who gave damning evidence/information,
*the stolen HD with its trailer and any evidence found inside the hangar, showing criminal activity tying to the crime of TB,
*evidence found inside MS's home, clothing, weapon,
*evidence found inside DM's home, " , "
I am sure other sleuthers can come up with more possible evidence to add to my list. TIA.
*tire tracks left by vehicles at the scene,
*boot/shoe prints found at the scene,
*DNA/prints/blood found in numerous places,
*eye witnesses,
*video surveillance, from BO's place of business or other businesses in that area, TB's house suggesting Yukon was seen following TB's truck, other videos from Brantford (motel, gas station ??),
*GPS on TB's truck or DM's Yukon,
*cell phone records, TB's cell phone with accused murderers DNA/prints,
*burner phone itself and/or records,
*farmland neighbours, witnesses and picture(s), suggesting there are more pictures than what we are privy to,
*incinerator,
*DM's Yukon,
*DM's trailer,
*murderers clothing worn the night of the murder,
*shoes/boots,
*mud or dirt from farmland inside TB's truck or DM's trailer along with impressions/prints inside left by shoes/boots,
*computers, xboxes/PS2(3), owned by the accused,
*phone records from MS's home,
*phone records from DM's phone,
*cell phone tower records,
*friend or acquaintances of DM and MS who gave damning evidence/information,
*the stolen HD with its trailer and any evidence found inside the hangar, showing criminal activity tying to the crime of TB,
*evidence found inside MS's home, clothing, weapon,
*evidence found inside DM's home, " , "
I am sure other sleuthers can come up with more possible evidence to add to my list. TIA.
swedie
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Ontario Court of Justice
Guide for Accused Persons in Criminal Trials
http://www.ontariocourts.ca/ocj/self-represented-parties/guide-for-accused-in-criminal-cases/guide/
Guide for Accused Persons in Criminal Trials
http://www.ontariocourts.ca/ocj/self-represented-parties/guide-for-accused-in-criminal-cases/guide/
swedie
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Thank you Arnie and everyone please feel free to add to the lists. :tyou:
swedie
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Thank you SB for the link on Search Warrants. I am linking it up with this information link as they go hand in hand. MOO.
Search warrant
[ame="http://en.wikipedia.org/wiki/Search_warrant"]Search warrant - Wikipedia, the free encyclopedia[/ame]
Information for search warrant
http://yourlaws.ca/criminal-code-canada/487-information-search-warrant
Canadian Criminal Procedure and Practice/Search and Seizure/Warrant Searches
http://en.wikibooks.org/wiki/Canadi..._Practice/Search_and_Seizure/Warrant_Searches
swedie
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IMO I don't see DP asking for bail now. Too late into the game and evidence of murder is overwhelming. Therefore bail would be :denied:
Bail hearing[edit]
Timing[edit]
If an accused is not released by the police, he or she must be brought before a provincial court judge or a justice of the peace without unreasonable delay and in any event within 24 hours of the arrest, unless a justice is not available in that amount of time in which case the accused must be brought before a justice as soon as possible.[9] If the offence is one found in section 469 of the Criminal Code of Canada (murder, treason, etc.), the accused is automatically detained so that he or she can be dealt with as described below.[10] Otherwise, the judge or justice of the peace can hear the bail hearing.
The hearing may be adjourned by the defence, the prosecutor, or the court. However, if the defence does not consent to the adjournement, the bail hearing can only be adjourned up to 3 days. If the bail hearing is adjourned, the court may order the accused not to communicate with certain individuals while he or she is detained.[10]
http://en.wikipedia.org/wiki/Bail_(Canada)
Bail hearing[edit]
Timing[edit]
If an accused is not released by the police, he or she must be brought before a provincial court judge or a justice of the peace without unreasonable delay and in any event within 24 hours of the arrest, unless a justice is not available in that amount of time in which case the accused must be brought before a justice as soon as possible.[9] If the offence is one found in section 469 of the Criminal Code of Canada (murder, treason, etc.), the accused is automatically detained so that he or she can be dealt with as described below.[10] Otherwise, the judge or justice of the peace can hear the bail hearing.
The hearing may be adjourned by the defence, the prosecutor, or the court. However, if the defence does not consent to the adjournement, the bail hearing can only be adjourned up to 3 days. If the bail hearing is adjourned, the court may order the accused not to communicate with certain individuals while he or she is detained.[10]
http://en.wikipedia.org/wiki/Bail_(Canada)
swedie
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Canadian Criminal Procedure and Practice/Disclosure
The Crown must disclose all materials information that is in its possession or control that is not clearly irrelevant, regardless of if the evidence is to be called at trial or is inculpatory or exculpatory. The right to disclosure is founded in the principle of fair play between parties as well as the right to make full answer and defence. The Crown has an obligation to obtain from an investigative agency any relevant information that it is aware of and must "take reasonable step to inquire about ...relevant information".
The obligation also requires the Crown to preserve all relevant evidence.
This obligation is jointly held by both Crown and police.
Defence have an obligation to diligently pursue disclosure by actively seeking and pursuing disclosure once they become aware or ought to have been aware of it. This means the defence should bring any failure to disclose to the Court's attention at the earliest opportunity so that the judge can remedy any trial unfairness.
The duty to disclose is engaged once the accused requests information from the crown any time after the charge has been laid. If defence fails to raise the issue and remains passive, they are less able to claim that non-disclosure affected trial fairness.
http://en.wikibooks.org/wiki/Canadian_Criminal_Procedure_and_Practice/Disclosure
The Crown must disclose all materials information that is in its possession or control that is not clearly irrelevant, regardless of if the evidence is to be called at trial or is inculpatory or exculpatory. The right to disclosure is founded in the principle of fair play between parties as well as the right to make full answer and defence. The Crown has an obligation to obtain from an investigative agency any relevant information that it is aware of and must "take reasonable step to inquire about ...relevant information".
The obligation also requires the Crown to preserve all relevant evidence.
This obligation is jointly held by both Crown and police.
Defence have an obligation to diligently pursue disclosure by actively seeking and pursuing disclosure once they become aware or ought to have been aware of it. This means the defence should bring any failure to disclose to the Court's attention at the earliest opportunity so that the judge can remedy any trial unfairness.
The duty to disclose is engaged once the accused requests information from the crown any time after the charge has been laid. If defence fails to raise the issue and remains passive, they are less able to claim that non-disclosure affected trial fairness.
http://en.wikibooks.org/wiki/Canadian_Criminal_Procedure_and_Practice/Disclosure
margarita25
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Thanks sweetie, I mean Swedie! Great work! I would recommend adding some legal tags below.
Great work! I would recommend adding some legal tags below.
swedie
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Canadian Criminal Procedure and Practice/Search and Seizure/Warrant Searches
Introduction
A Search Warrant is an Order issued by a Justice of the Peace under statute that authorizes a person to enter into a location and seize specified evidence that is relevant and material to an offence. The warrant is a substitute for consent to enter a private premises or any other places with reasonable expectations of privacy.
The criminal code provides for several types of search warrants.
Issuing of Warrant: Reasonable and Probable Grounds
The Charter requires that for all warrants police must provide "reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that there is evidence to be found at the place of the search" These requirements set out the "minimum standard, consistent with s. 8 of the Charter, for authorizing search and seizure".
In more recent times the standard is called "reasonable grounds to believe".
The standard of reasonable grounds to believe is greater than mere suspicion but less than on a balance of probabilities when the totality of the circumstances are considered. It is a standard of reasonable probability and is credibility based. It must be more than mere possibility or suspicion. It is a standard of "credibly-based probability".
http://en.wikibooks.org/wiki/Canadi..._Practice/Search_and_Seizure/Warrant_Searches
Introduction
A Search Warrant is an Order issued by a Justice of the Peace under statute that authorizes a person to enter into a location and seize specified evidence that is relevant and material to an offence. The warrant is a substitute for consent to enter a private premises or any other places with reasonable expectations of privacy.
The criminal code provides for several types of search warrants.
Issuing of Warrant: Reasonable and Probable Grounds
The Charter requires that for all warrants police must provide "reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that there is evidence to be found at the place of the search" These requirements set out the "minimum standard, consistent with s. 8 of the Charter, for authorizing search and seizure".
In more recent times the standard is called "reasonable grounds to believe".
The standard of reasonable grounds to believe is greater than mere suspicion but less than on a balance of probabilities when the totality of the circumstances are considered. It is a standard of reasonable probability and is credibility based. It must be more than mere possibility or suspicion. It is a standard of "credibly-based probability".
http://en.wikibooks.org/wiki/Canadi..._Practice/Search_and_Seizure/Warrant_Searches
swedie
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Police need wiretaps, not just warrants, to search text messages
Police need special wiretap orders -- not just ordinary search warrants -- to intercept cellphone text messages as part of criminal investigations, the Supreme Court of Canada ruled.
Read more: http://www.ctvnews.ca/canada/police...-search-text-messages-1.1213036#ixzz2hIA2k8Ah
Police need special wiretap orders -- not just ordinary search warrants -- to intercept cellphone text messages as part of criminal investigations, the Supreme Court of Canada ruled.
Read more: http://www.ctvnews.ca/canada/police...-search-text-messages-1.1213036#ixzz2hIA2k8Ah
swedie
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Search and Seizure
A search warrant is a judicial order issued by a judge or magistrate that gives permission and authorizes the police or other law enforcement agency to conduct a search of a location or person and to seize any evidence of a criminal offense. The search warrant is addressed to the person to be searched or to the person who owns the premises to be searched and informs the addressee that the judge issuing the warrant has found it reasonably likely that certain evidence may be found there.
Generally speaking, police officers or other law enforcement agencies must apply for a search warrant before conducting a search of the person or premise in issue. If any search is conducted in the absence of a search warrant, it is presumed to be unreasonable and will likely be ruled an illegal search and seizure. If a challenge to such a search is made, the police or parties conducting the search will have to explain and justify their reasons for conducting a search, as well as explain why a warrant was not issued before the search.
A search warrant gives the police the legal authority to enter a premise without permission of the owner to search for the evidence listed in the warrant in the places authorized by the warrant. For example, if the search warrant allows the police to search the bathroom of a home for illegal drugs, then the police should confine their search to the bathroom.
- See more at: http://criminal.findlaw.com/crimina...ch-and-seizure-faqs.html#sthash.KGi04bwV.dpuf
A search warrant is a judicial order issued by a judge or magistrate that gives permission and authorizes the police or other law enforcement agency to conduct a search of a location or person and to seize any evidence of a criminal offense. The search warrant is addressed to the person to be searched or to the person who owns the premises to be searched and informs the addressee that the judge issuing the warrant has found it reasonably likely that certain evidence may be found there.
Generally speaking, police officers or other law enforcement agencies must apply for a search warrant before conducting a search of the person or premise in issue. If any search is conducted in the absence of a search warrant, it is presumed to be unreasonable and will likely be ruled an illegal search and seizure. If a challenge to such a search is made, the police or parties conducting the search will have to explain and justify their reasons for conducting a search, as well as explain why a warrant was not issued before the search.
A search warrant gives the police the legal authority to enter a premise without permission of the owner to search for the evidence listed in the warrant in the places authorized by the warrant. For example, if the search warrant allows the police to search the bathroom of a home for illegal drugs, then the police should confine their search to the bathroom.
- See more at: http://criminal.findlaw.com/crimina...ch-and-seizure-faqs.html#sthash.KGi04bwV.dpuf
swedie
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Civil Forfeiture in Ontario 2007 An Update
On the Civil Remedies Act, 2001
A MESSAGE FROM THE ATTORNEY GENERAL
August 2007
Ontario’s innovative Civil Remedies Act was the first of its kind in Canada, and I am
proud that Ontario continues to be a nationally and internationally recognized leader in
the field of civil forfeiture. We are using the Civil Remedies Act with great success. The
Civil Remedies for Illicit Activities (CRIA) office, which enforces the act in Ontario, is
considered an international authority on civil forfeiture and I commend this dedicated
team for its excellent work.
This report, Civil Forfeiture in Ontario 2007 — An Update on the Civil Remedies Act,
2001, provides information and examples of civil forfeitures under the act.
Working with designated institutions across the province, including police, CRIA’s office
has achieved significant results. The Civil Remedies Act will continue to be used to seek
court orders to forfeit assets acquired through or used for unlawful activity, and to use
those assets to compensate victims.
The Honourable Michael Bryant
Attorney General
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/20070824_CRIA_Update.pdf
AND
Canadian Criminal Sentencing/Offence-related Property
Restraint of Offence-related Property[edit]
Application for restraint order
490.8 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.
Procedure
(2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:
(a) the indictable offence to which the offence-related property relates;
(b) the person who is believed to be in possession of the offence-related property; and
(c) a description of the offence-related property.
Restraint order
(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.
http://en.wikibooks.org/wiki/Canadian_Criminal_Sentencing/Offence-related_Property
On the Civil Remedies Act, 2001
A MESSAGE FROM THE ATTORNEY GENERAL
August 2007
Ontario’s innovative Civil Remedies Act was the first of its kind in Canada, and I am
proud that Ontario continues to be a nationally and internationally recognized leader in
the field of civil forfeiture. We are using the Civil Remedies Act with great success. The
Civil Remedies for Illicit Activities (CRIA) office, which enforces the act in Ontario, is
considered an international authority on civil forfeiture and I commend this dedicated
team for its excellent work.
This report, Civil Forfeiture in Ontario 2007 — An Update on the Civil Remedies Act,
2001, provides information and examples of civil forfeitures under the act.
Working with designated institutions across the province, including police, CRIA’s office
has achieved significant results. The Civil Remedies Act will continue to be used to seek
court orders to forfeit assets acquired through or used for unlawful activity, and to use
those assets to compensate victims.
The Honourable Michael Bryant
Attorney General
http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/20070824_CRIA_Update.pdf
AND
Canadian Criminal Sentencing/Offence-related Property
Restraint of Offence-related Property[edit]
Application for restraint order
490.8 (1) The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property.
Procedure
(2) An application made under subsection (1) for a restraint order in respect of any offence-related property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:
(a) the indictable offence to which the offence-related property relates;
(b) the person who is believed to be in possession of the offence-related property; and
(c) a description of the offence-related property.
Restraint order
(3) Where an application for a restraint order is made to a judge under subsection (1), the judge may, if satisfied that there are reasonable grounds to believe that the property is offence-related property, make a restraint order prohibiting any person from disposing of, or otherwise dealing with any interest in, the offence-related property specified in the order otherwise than in the manner that may be specified in the order.
http://en.wikibooks.org/wiki/Canadian_Criminal_Sentencing/Offence-related_Property
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