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Legal Issues In Policing

Author: LIIP

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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. 

135 Episodes
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Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the power to arrest, without warrant, an offender in breach of their conditional release — unescorted temporary absence, parole or statutory release — and how the authority under s. 137.1 of the Corrections and Conditional Release Act (CCRA) came to be. CCRA definitions (s. 99(1)): day parole means the authority granted to an offender by the Board or a provincial parole board to be at large ...
Provide your feedback here. Anonymously send me a text message. In this episode, Mike offers a Christmas message for all law enforcement officers. 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 Supreme Court of Canada decision R. v. Carignan, 2025 SCC 43 where a police officer arrested a man under s. 495 of the Criminal Code. At trial, in the Court of Quebec, the man wanted a voir dire held to determine the lawfulness of his arrest because — he claimed — the police did not comply with s. 495(2) and he sought the exclusion of an incriminating statement he made to police under s. 24(2)...
Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Alberta Court of Appeal decision R. v. Ouellette, 2025 ABCA 340 where a police officer accompanied an impaired driving suspect in the rear of an ambulance. While enroute to the hospital, the officer overheard the EMT ask the driver questions about drug and alcohol consumption and recorded her responses in his notebook. The officer then used this information in a warrant to seize the driver's m...
Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Dalia, 2025 ONCA 772 where police delayed providing an arrestee access to counsel until a house — the target of a search warrant — was secured. A sergeant expected an officer would learn via police radio when the home was secure and then facilitate access to a lawyer, while the officer was expecting further instruction from the sergeant before doing so. T...
Provide your feedback here. Anonymously send me a text message. In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Jackson, 2025 ONCA 717 where police — after witnessing a suspected drug deal — stopped a vehicle, claiming a passenger was not wearing his seat belt. During the interaction, police saw cannabis shake (green specs and flakes) on the dashboard, smelled fresh marihuana and noticed an air freshener in the vehicle. When the man was about to be searched under O...
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 ...
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...
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...
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) Thanks for listening!...
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. 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 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...
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 ...
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...
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...
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...
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...
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 ...
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...
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 ...
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