Law 12Policing and ArrestMs. Ripley
Legal Rights Under The Charter Answers (All About Law, Buckingham)
R. V. BRYDGES (Learning About Law, Buckingham) PAGE 172
1. Brydges wasn't allowed to see a lawyer promptly. The delay was caused by the investigating police officer being unfamiliar with the legal aid system in Manitoba.
2. It is unreasonable to assume that accused people understand all their legal rights. Even after completing this law course, students would be unwise to attempt to answer questions in an interrogation without legal advice. If accused people don't understand their rights, it is unfair to proceed with an inter rogation. William Brydges didn't get the benefit of the principle of being considered innocent until proved guilty.
R.V. DEDMAN PAGE 173
1. Both the Court of Appeal and the Supreme Court believed that the random check was reasonable, although these decisions were not unanimously supported by all judges who heard the case.
2. The protection of the public is upheld by keeping people who have been drinking from driving vehicles. All other drivers, pedestrians, or persons who may risk injury, loss, or harm are endangered by intoxicated drivers. This case upheld the right of police to conduct random checks for impaired driving.
R. V. DYMENT PAGE 174
1. Taking blood from Mr. Dyment was an unreasonable interference with his right to be secure from unnecessary intrusion by the state. The basis of this decision was the "reasonableness" of taking a blood sample from a person who did not arouse reasonable suspicion.
2. The public's right to safety conflicts with the individual's right to "security of the person" in this case. However, for justice to be fair, we must ensure that the principles of justice are followed. If the search was unreasonable in this instance, then the evidence obtained from it was unreasonably obtained. It would be a tremendous blow to our civil liberties to change the rules in cases like the Dyment case because of public pressure. That decision would undermine the fairness that people expect of our courts, while accomplishing little with respect to the public concern over drunk drivers. On the other hand, the public has a right to be reasonably safe from the harm that can result if drunk drivers are not prevented from driving vehicles. It was in the interests of the public to have Dyment prosecuted for being impaired by alcohol while driving.
3. Students' answers to this question will vary. Responses should focus on the responsibility of courts to administer law fairly and the responsibility of the legislature to create laws that meet public concerns.
Focus PAGE 174
1. Being detained is a situation in which a police officer or other authority attempts to stop and question a person. Generally, though it is often a good idea to stay and answer questions, the person being questioned is under no lawful obligation to submit to questioning. Being arrested means that the person has lost the right to leave freely and is being charged with an offence. It also means the police have taken the person into custody. Arrests are forcible if the person being arrested chooses to resist.
2. Both you and the officer might be saved a good deal of time and effort if you assist by answering the officer's questions. In addition, the officer may decide to arrest you if you refuse and there are reasonable grounds to suspect you of having committed an offence.
3. There are several remedies, including filing a complaint against the officer at the police station, charging the officer with assault, and suing the officer and his or her agency for false arrest and assault.
4. The several rights guaranteed in the Charter to an arrested person include:
. the right to remain silent;
. the right not to incriminate oneself;
. the right to make voluntary statements;
. the right to be promptly informed of the reason for the arrest;
. the right to retain and instruct counsel without delay.
5. The several responsibilities of an arrested person include:
. accompanying the police to the police station;
. submitting to fingerprinting and photographing;
. submitting to a search;
. surrendering personal items and possessions to police.
Apply PAGES 174-175
1. Students' answers to this question will vary. Although all the rights are important, this question gives students the responsibility for interpreting, comparing, and reorganizing the list from the Charter.
2. Research work on this topic will inform students of the contrast between our legal system hundreds of years ago and today. The argument presented by this research assignment can be presented in a research paper or in an editorial. There is a Presentation Evaluation form and an Editorial Assignment Evaluation form for assessing each assignment on pages 29 and 37 of this teacher's resource.
3. In the Alderton case, the accused was told that either he could give the samples freely or the police would take them. He believed he had no real alternative other than to give the samples. This might have been considered an unreasonable limitation on the accused's rights to reasonable search and seizure. However, the court found that the samples taken from Alderton were simply hair samples. These were acquired by running a new comb through the accused's hair a-few times. The search was not intrusive in that respect, so the search (the acquisition of the hair samples) was legal and the conviction was upheld.