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© 2025 Legal Issues In Policing
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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.
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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 ...
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
1Provide 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 ...
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...
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...
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's — Was the information COMPELLING? Was the source CREDIBLE? And was the information CORROBORATE...
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...
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...
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...
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