Legal Issues In Policing

• E123| Did arrest of wrong man make it unlawful?

  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 appeal court ruled on this matter and other issues such as (1) whether an imminent threat was required before police could search the satchel and (2) whether delaying access to counsel before a search warrant could be executed was justified.  Other related cases:R. v. Araya, 2022 ABCJ 261 (voir dire)R. v. Araya, 2023 ABCJ 174 (decision)R. v. Araya — Supreme Court of Canada leave dismissalR. v. Lugela, 2023 ABCJ 176 (voir dire)R. v. Lugela, 2023 ABCJ 288 (decision)R. v. Lugela, 2024 ABCJ 74 (sentencing)R. v. Lugela, 2025 ABCA 194 (appeal)Thanks for listening! Feedback welcome at [email protected]

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• E122| Test for arrest — cumulative, commonsensical & contextual.

  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. A trial judge upheld the arrest, but she appealed to the New Brunswick Court of Appeal. Find out what the appeal court ruled when it weighed in on the matter. cumulative —  increased in quantity, degree, or force by successive additions.  commonsensical — demonstrating a practical and sensible perception of the situation or facts.contextual — depending on or relating to the circumstances that form the setting of an event.Thanks for listening! Feedback welcome at [email protected]

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• E121| Canada's overall crime down↓; assaults on officers up↑.

  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.LinksStatistics 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 ViolationsPolice-reported Information Hub: Geographic Crime ComparisonsPolice-reported Information Hub: Homicide in CanadaIncident-based crime statistics, by detailed violations, Canada, provinces, territories, Census Metropolitan Areas and Canadian Forces Military PoliceCrime severity index and weighted clearance rates, Canada, provinces, territories and Census Metropolitan AreasThanks for listening! Feedback welcome at [email protected]

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• E120| A fenced yard, flight from arrest, a fight & Feeney.

  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 and damaging a police vehicle. Was the entry into the fenced yard to arrest the man lawful or were the police trespassers? Was a Feeney warrant required to enter the dwelling house or did the doctrine of fresh pursuit apply?Thanks for listening! Feedback welcome at [email protected]

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• E119| Does a strip search renew s. 10(b) Charter right to counsel?

  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 later and after he had already spoken to duty counsel. Was the 20 minute delay justified and were the police required to provide a second s. 10(b) advisement before conducting the strip search incident to arrest? What you might learn may change the way you do business! Additional cases referenced:R. v. Thompson, 2022 ONSC 6173R. v. West, 2020 BCSC 1780R. v. Kikiantonis, 2025 ONCJ 399Toronto Police Policy — 01-02 Search of PersonsR. v. Sinclair, 2010 SCC 35R. v. Golden, 2001 SCC 83R. v. Suberu, 2004 SCC 33R. v. Ali, 2022 SCC 1R. v. Taylor, 2014 SCC 50Thanks for listening! Feedback welcome at [email protected]

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