Legal Issues In Policing

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 —...

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 eno...

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 s...

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 stay...

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...

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, finding drugs and cash in his possession. The question to ponder was whether or not the police had the necessary grounds to make the arrest using the 3 C&apo...

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 ar...

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 enforceme...

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...

Provide your feedback here. Anonymously send me a text message. In this episode, Mike highlights National Police Week (May 11-17, 2025) and discusses the Ontario Court of Justice decision R. v. Vernaza-Vinces , 2025 ONCJ 257 where police chased a man on foot until he entered a vehicle and fled. Even though the police never pursued the man's vehicle in a police car, the court had to determine...

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Manitoba Provincial Court decision R. v. Wiebe , 2025 MBPC 35 where the police  installed a fixed pole camera in an alley accessible to the public to video record — for a month — the back lane and part of the concrete approach of a detached garage. Information noted by the police included the makes,...

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Court of Appeal decision R. v. Jaramillo , 2025 BCCA 77 where police brought a K9 along to arrest a man on an outstanding aggravated assault warrant. The dog never bit or touched the man, but barked. The man — a convicted criminal — said he was scared during the arrest. The judge found the use of...

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the BC Provincial Court decision R. v. Bajwa , 2025 BCPC 43 where police monitored and recorded — by video surveillance — a man using the toilet in cells for less than a minute. Although no genitalia was observed, his buttocks and thighs were videoed but there was no blurring, pixilation or blacking out...

Provide your feedback here. Anonymously send me a text message. In this episode, Mike celebrates the Charter’s 43rd birthday! On April 17, 1982 the Canadian Charter of Rights and Freedoms came into force. Listen to learn about some of the early discussion on the remedy provisions, from s. 26 to s. 24 to s. 24(1) and (2). Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com

Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Alberta Court of King's Bench decision R. v. Tierney , 2025 ABKB 223 where police delayed providing a man access to counsel for more than 16 hours after his arrest, claiming it was justified while seeking a search warrant for fear evidence might be destroyed. The police also failed to bring the...

Provide your feedback here. Anonymously send me a text message. TRIGGER WARNING: This episode contains graphic content, including suicide, which may shock, offend or upset. In this episode, Mike discusses the Supreme Court of Canada's 2024 Year in Review . How do last year's stats stack up against previous years? How long does it take the court to decide a matter? And how often is the co...

Provide your feedback here. Anonymously send me a text message. 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...

Provide your feedback here. Anonymously send me a text message. 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 defin...

Provide your feedback here. Anonymously send me a text message. 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 lear...

Provide your feedback here. Anonymously send me a text message. 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...

Provide your feedback here. Anonymously send me a text message. 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 some...

Provide your feedback here. Anonymously send me a text message. 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 p...

Provide your feedback here. Anonymously send me a text message. 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...

Provide your feedback here. Anonymously send me a text message. 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 yoursel...

Provide your feedback here. Anonymously send me a text message. 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 sufferin...