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The Charter and Policing

How the Canadian Charter of Rights and Freedoms shapes everyday police work, for a two-year police foundations diploma: the rule of law and the supremacy of the Constitution, when the Charter applies under section 32, reasonable limits under section 1 and the Oakes test, and the remedies in sections 24 and 52; section 7 and fair identification procedures, disclosure under Stinchcombe, the right to silence and entrapment under Mack and Ahmad; section 8 and the reasonable expectation of privacy from Hunter v. Southam and Collins to warrants and their exceptions; phones, data and surveillance technology under Fearon, Spencer, Marakah and Bykovets; detention and arrest under sections 9 and 10(a), Grant, Mann and Le; the right to counsel under section 10(b), Manninen, Suberu and Sinclair; confessions and voluntariness under Oickle and Hebert; trial rights in sections 11 to 14, including Jordan, Antic and interpreters; equality, expression and peaceful assembly under sections 2 and 15, including racial profiling, recording police and protest policing; and exclusion of evidence under section 24(2) and the Grant test. The course follows the fictional Port Ardent police service and a cohort of students, and ends with a constitutional review of a complete case file and a casebook of leading decisions, with runnable Python examples throughout.

LES-111 Year 1 3 credits 12 lessons · 3 h 58 min ▶ Video lessons coming soon

Offered by HSM University · Law Enforcement Studies

This is the Canadian version of this course. See the American version.

What you'll learn

  • Explain the rule of law and the place of the Charter of Rights and Freedoms in Canadian law, and identify the Charter rights police meet most often.
  • Determine when the Charter applies under section 32, how limits are justified under section 1 and the Oakes test, and what remedies follow a breach.
  • Apply the principles of fundamental justice under section 7 to identification procedures, disclosure, questioning and undercover operations.
  • Decide whether police conduct is a search under section 8 and whether it is reasonable under Hunter v. Southam and Collins.
  • Apply constitutional privacy rules to phones, computers, data held by third parties and surveillance technology, and keep digital searches within their authorization.
  • Distinguish conversations, investigative detentions and arrests, and apply the grounds and duties each requires under sections 9 and 10(a).
  • Carry out the informational and implementational duties of section 10(b), including holding off questioning.
  • Explain the protection against self-incrimination and the law of confessions, recognize the risk factors for false confessions and use information-gathering interview practices.
  • Describe how police work affects the rights in sections 11 to 14, including trial within a reasonable time, reasonable bail, humane custody and interpreters.
  • Apply equality rights and the freedoms of expression and peaceful assembly to stops, recording by the public and protest policing.
  • Analyse whether evidence would be excluded under section 24(2) using the Grant test.
  • Conduct a constitutional review of a complete police file, using leading decisions to assess each step and recommend improvements.

Course content

12 lessons · 3 h 58 min total · final exam

  1. 1 Constitutional rights and policing: the Charter and the rule of law 21 min · quiz
  2. 2 How Charter rights work: application, reasonable limits and remedies 20 min · quiz
  3. 3 Life, liberty and fundamental justice: section 7 20 min · quiz
  4. 4 Search and seizure: section 8 and the reasonable expectation of privacy 20 min · quiz
  5. 5 Privacy in the digital age: phones, data and new technology 20 min · quiz
  6. 6 Detention and arrest: sections 9 and 10(a) 20 min · quiz
  7. 7 The right to counsel: section 10(b) 19 min · quiz
  8. 8 The right to silence and confessions 20 min · quiz
  9. 9 Trial rights and police duties: sections 11 to 14 19 min · quiz
  10. 10 Equality, expression and assembly: sections 2 and 15 19 min · quiz
  11. 11 Exclusion of evidence: section 24(2) and the Grant test 20 min · quiz
  12. 12 Capstone: leading decisions and a constitutional review of a Port Ardent case file 20 min · quiz
  13. E Final exam 20 questions

Requirements

Recommended background. You can start any course at any time.

Description

How the Canadian Charter of Rights and Freedoms shapes everyday police work, for a two-year police foundations diploma: the rule of law and the supremacy of the Constitution, when the Charter applies under section 32, reasonable limits under section 1 and the Oakes test, and the remedies in sections 24 and 52; section 7 and fair identification procedures, disclosure under Stinchcombe, the right to silence and entrapment under Mack and Ahmad; section 8 and the reasonable expectation of privacy from Hunter v. Southam and Collins to warrants and their exceptions; phones, data and surveillance technology under Fearon, Spencer, Marakah and Bykovets; detention and arrest under sections 9 and 10(a), Grant, Mann and Le; the right to counsel under section 10(b), Manninen, Suberu and Sinclair; confessions and voluntariness under Oickle and Hebert; trial rights in sections 11 to 14, including Jordan, Antic and interpreters; equality, expression and peaceful assembly under sections 2 and 15, including racial profiling, recording police and protest policing; and exclusion of evidence under section 24(2) and the Grant test. The course follows the fictional Port Ardent police service and a cohort of students, and ends with a constitutional review of a complete case file and a casebook of leading decisions, with runnable Python examples throughout.

Part of the Law stream, typically taken in year 1.