Legal Issues In Policing

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In this episode, Mike discusses implied licence and the impact of a "NO TRESPASSING" sign. Does the posting of such a sign neuter the implied licence doctrine or does it merely state what the law already recognizes: a person entering onto another's property must have a legitimate reason for doing so? Doesn't implied licence provide members of the public, including police officers, the right to enter private property on legitimate business so long as they do not otherwise exceed the scope of the doctrine? What effect, if any, would a "NO TRESPASSING" sign — standing alone — have on this longstanding common law invitation to knock? Listen as Mike tries to make his case. 
Cases referenced:
R. v. Evans, [1996] 1 SCR 8
R. v. Singer, 2026 SCC 6
R. v. Skerratt, 2003 BCPC 456
Larkin v. Bourque, 2026 NSSC 75
Entick v. Carrington (1765), 2 Wils. K.B. 275
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In this episode, Mike discusses the Quebec Court of Appeal decision R. v. Paul, 2026 QCCA 552, where a police officer saw a known drug user acting suspiciously late at night. This person was nervous, evasive and appeared uncomfortable about police presence. After speaking with the man, police  surreptitiously followed him, saw him approach a running vehicle with its headlights out, and watched as he appeared to interact with its driver. After noticing police, the man fled. Police then approached the vehicle and, using a flashlight, lit up its interior to find it occupied and observed an electronic scale with white residue on the floor. Police ordered the driver out of the vehicle to arrest him for drug possession and saw a baggie of cocaine on the seat where he was sitting. The driver was subsequently charged with PPT. Was the officer justified in approaching the vehicle? Was the use of a flashlight a search? Did the officer have enough grounds for an arrest? Did pulling back the arrestee's pants and underwear waistband when frisking him at the roadside amount to a "strip search"?
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In this episode, Mike discusses the BC Court of Appeal decision R. v. Dinh, 2026 BCCA 190, where police, acting on an anonymous Crime Stoppers' tip,  followed a woman onto a ferry and later arrested her after she met with a man at a parking lot and exchanged bags. Police searched her car and found a kilogram of fentanyl hidden in the spare tire compartment of her trunk. The woman claimed her arrest was unlawful for lack of reasonable grounds and she wanted the evidence against her excluded. Was the officer able to weave his grounds for arrest to the requisite threshold? Or did the police breach the woman's s. 9 Charter right not to be arbitrarily detained? Listen and learn how the court decided the matter. 
Related cases:
R. v. Dinh, 2023 BCSC 2446
R. v. Dinh, 2023 BCSC 2447 
R. v. Dinh, 2023 BCSC 2448 
R. v. Dinh, 2024 BCSC 109 (sentencing)
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In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Singer, 2026 SKCA 52, an update to Episode 138 (R. v. Singer, 2026 SCC 8). In this case, Saskatchewan’s top court had to determine the outstanding ground of appeal it refused to address: whether the accused’s right to a fair trial was prejudiced because the arresting officer — prior to testifying — allegedly overheard defence counsel’s submissions taking issue with the grounds to make a breath demand and whether it was made forthwith. The Court of Appeal initially found it unnecessary to deal with this issue because it excluded crucial evidence, having concluded the police infringed the accused’s right to be free from unreasonable search by entering his driveway, opening the door of his truck and rousing him. But when the Supreme Court overturned Saskatchewan's opinion on the s. 8 breach, it sent the matter back for a resolution on the fair trial issue. Mike has the break down for you!
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In this episode, Mike discusses the Manitoba Court of Appeal decision R. v. Francois, 2025 MBCA 93 where police, on routine patrol in a high crime area, saw a man in a back alley operating a grinder while leaning over a BMX bike. After briefly questioning the man about the bike, an officer — an avid biker himself — found things just didn't add up, so he arrested the man thinking the bike was stolen or being stolen. A search of the man and his back-pack resulted in the discovery of a sawed-off .22 calibre rifle, ammunition and an angle grinder. Was the man detained prior to his arrest such that he was entitled to be advised of his s. 10(b) Charter right to counsel? Did police observations and officer experience with bikes render the man's arrest lawful? Listen carefully as to how the officer articulated his grounds as this street encounter played out. How the Court of Appeal saw the matter may assist you with a similar encounter. 
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