E107| A criminal, a K9 & correcting a confusing Charter conclusion.
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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 the K9 breached the man’s s. 7 Charter right to “life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice” and reduced his sentence by 11 months to account for this Charter violation. When the Crown appealed the ruling, BC’s top court weighed in on the matter. Did the dog display violate s. 7 or was the judge way off-base?
Decision on Sentence (2024 BCPC 263)
Decision on Sentence in a different matter (2021 BCPC 225)
BC Provincial Policing Standard 1.4 Principles for Standards for Police Service Dogs
BC Provincial Policing Standard 1.4.1 Police Service Dogs — General Requirements
BC Provincial Policing Standard 1.4.1 Police Service Dogs — Threshold and Circumstances of Police Dog Use
Upcoming Training Seminars
Officer Safety & The Charter — October 23, 2025 — 9 am to 3 pm — JIBC
Detention, Arrest & Search — November 13, 2025 — 9 am to 3 pm — JIBC
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