Trial courts take direction from previous appellate level decisions. However, as can be seen below, trial courts have generated the most police powers out of all three levels we categorized in this section. Trial court judges are essential to the fact finding process within the criminal justice system. Once the facts have been agreed upon in a trial, they are accepted by appellate courts if there is an appeal by the losing side at the trial level. This suggests that trial courts have an impact on appellate level decisions and the facts and arguments heard at the trial level are often relied upon during the appeal process.
Trial courts take direction from previous appellate level decisions. However, as can be seen below, trial courts have generated the most police powers out of all three levels we categorized in this section. Trial court judges are essential to the fact finding process within the criminal justice system. Once the facts have been agreed upon in a trial, they are accepted by appellate courts if there is an appeal by the losing side at the trial level. This suggests that trial courts have an impact on appellate level decisions and the facts and arguments heard at the trial level are often relied upon during the appeal process.
Common Law Police Powers Deployed from 2020-2021:
Common Law Police Powers Deployed from 2020-2021:
In the past 35 years, the Supreme Court of Canada has generated several key police powers that have changed the criminal law landscape. Alongside warrantless roadside detentions (R v Dedman), the Supreme Court has provided police with the ability to detain individuals during a police investigation and search incident to the investigatory detention for police safety (R v Mann). The Supreme Court has also provided police with the power to use sniffer-dogs without a warrant (R v Kang-Brown, R v AM), and warrantless cell phone searches incident to arrest (R v Fearon).
Common Law Police Powers Deployed from 2010-2019:
2010
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Nault c Quebec (Sous-ministre du Revenue), 2010 QCCQ
Corp of the Canadian Civil Liberties Association v Toronto (City) Police Service, 2010 ONSC
Gigliotti v Fantino, 2010 ONSC
Corbiere v Waterloo Regional Police Services Board, 2010 ONSC
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2011
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Tete c Montreal (Ville de) , 2011 QCCQ
2012
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Longueuil (Ville de) c Debellefeuille, 2012 QCCM
R v Hebrada-Walters, 2012 SKQB
R v Earle, 2012 NSPC
Saskatchewan (Public Prosecutions, Director) v Molleken, 2012 SKQB
Meady v Greyhound Transportation Corp, 2012 ONSC
R c Bourdages, 2012 QCCQ
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2013
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R v Hebrada-Walters, 2013 SKCA
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2014
Everett v McCaskill, 2014 MBQB
Directeur des poursuites criminelles et penales c Lessard, 2014 QCCQ
Figueiras v Toronto (City) Polie Services Board, 2014 ONSC
R v Charles-Roberts, 2014 ONSC
LB c Centre hospitalier universitaire de Sherbrooke, 2014 QCCQ
Directeur des poursuites criminelles et penales c Pham, 2014 QCCQ
2015
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Everett v McCaskill, 2015 MBCA
Figueiras v Toronto (City) Police Services Board, 2015 ONCA
R v Scheck, 2015 BCCA
Elmardy v Toronto Police Services Board, et al, 2015 ONSC
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2016
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Directeur des poursuites criminelles et penales c Flageole Kochan, 2016 QCCQ
R v Miller Williams, 2016 ONCJ
Directrice des poursuites criminelles et penales c Chabot, 2016 QCCQ
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2017
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Ironstand v Winnipeg (City), 2017 MBQB
Shergill v Vancouver (City) Police Department, 2017 BCSC
R v Orlandis-Habsburgo, 2017 ONCA
2018:
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The cases for this year will be made available in due course.
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*Links have been provided where available. CanLii links were prioritized. In the event that a link was not available on CanLii, WestLaw or Quicklaw links were used as a substitute.