Nova Scotia Pharmaceuticals: Void for vagueness Law can be void for vagueness under s.7, b/c it is principle of fundamental justice law may not be too vague. However in this case not impermissibly vague b/c could place limiting interpretation on law. (combines investigation act) R. v. Heywood: Overbroad If unreasonable limits are placed on an individual’s rights it is contrary to s.1 or in contradiction of s. 7 which guarantees a right to liberty unless restricted in a way that conforms with principals of fundamental justice; an overbroad law is inherently unjust. Canadian Foundation for Children, Youth and the Law: Void for vagueness a law should be void for vagueness if it does NOT provide an adequate basis for legal debate and analysis, delineate an area of risk or is not intelligible. R. v. Paré: Strict construction strict construction can only be applied after a thorough contextual analysis has led to two reasonable meanings. Charter of Rights and Freedoms s.1
No separate RPG that these things are on their person Must be done in manner, for law purpose Strip Search Removal or rearrangement of a person’s clothing to allow for visual inspection of private areas (Golden) R v. Golden SCC 2001 Test to allow strip search: lawful arrest For of finding or RPG In see RBHS At Greffe Unpaid parking tickets, full strip search including rectal b/c police suspicious of heroin R v. Golden Failed reasonable manner requirement b/c done in a restaurant back room.
regulation. i.e. it is different than walking Random Stops: Unorganized Ladouceur (SCC 1990) Random stop not part of roadblock, violation Ok? Yesarbitrary but justified. Justifications: Rationally connected to the safety Impairs as little as possible Objective of road safety warrants it. Random Stops: Limitations Mellenthin (SCC 1992) Is there anything the police can’t do when pulling someone over? Yesmust be rationally connected to objectives. Police cannot ask questions beyond the aims of the check stop, i.e. sobriety or license questions. Cannot search w/o RPG. Random Ex. of limitation Brown (ONCA 2003) Can PO stop someone based on any reason? Nomust be rationally conneted to object of road safety Cannot stop someone based solely on race. This is arbitrary and unreasonable Sobriety Roadside and Questions Orbanski/Elias (SCC 2005) Do sobriety questions and tests violate charter rights? Yesviolates s.10(b). Ppl have legal compulsion to comply with the tests (2008 amendments) = detention. Can still refuse to answer questions, but most ppl wouldn’t know so psychologically detained (No actual) Violation of s.10(b) rights are justified under s.1, however results of roadside tests and answers to questions are NOT admissible as evidence at trial- just used for RPG to order breathalyzer. However PO can give evidence of their observations. Pre-Trial Release Bail Reform Act 1972 changed the presumption to assume release Who/Where Keep In custody Release Notes Police officer on Street Arrest and take to police station SEE ARREST RELEASE notice s.496 or arrest warrant (issued by JP) s.507 s.523 Release in force until a) after for s.522 or b) all others, until sentencing unless otherwise ordered. Officer in Charge Detain until appearance before judge or justice ASAP (w/n 24 hours) Promise to appear s.498