A LIMIT ON POLICE POWERS – The police have no authority to arrest an individual who is acting lawfully in order to prevent an apprehended breach of the peace. This is of particular importance in the context of public demonstrations. No more “kettling” or mass arrests at lawful protests.

The Supreme Court of Canada released its decision in Fleming v Ontario, on October 4, 2019. The decision was unanimous, with Côté J. writing for the Court. The case is about common law police powers of arrest. In arresting Mr. Fleming (the Appellant), the Respondent Attorney-General of Ontario and police officers argued that they had made use of an ancillary common law police power authorizing the arrest of an individual who was acting lawfully in order to prevent an apprehended breach of the peace.

Source: The Supreme Court of Canada Holds that the Common Law Does Not Empower the Police to Arrest a Person Who is Acting Lawfully

Alberta to introduce legislation that would allow access to partner’s criminal records. OR you could ask your partner to provide a criminal record check.

Legislation is being introduced this fall to bring a “Clare’s Law” to Alberta that would allow people access to criminal records of their partners in hopes it will help protect people from potential domestic violence.

Source: Alberta to introduce legislation that would allow access to partner’s criminal records

DRUG IMPAIRMENT – THE FACT IS THAT IT CANNOT BE DETERMINED BY THE ALCOHOL MODEL APPROACH WE ARE TAKING – For cannabis, an officer spends six hours processing an impaired driver, compared to one hour for a driver impaired by alcohol. This difference reflects the time required to complete a specialized field sobriety test, to administer a test by a drug recognition expert and take a blood sample. The minimum cost to have one officer deal with a cannabis-impaired driver is $536.88, compared to $89.48 for an alcohol-impaired driver, suggests the report. Those costs don’t include labour for paperwork or court appearances.

Police say supply shortages skew the real impact on community and costs

Source: Suspected cannabis-impaired drivers more costly to test: Police report

TOUGH ON CRIME? – The Trudeau government promised us a change in direction and an end to unconstitutional criminal laws.. Instead, we got a closet Harperite conservative Attorney General more interested in producing Charter breaching tough on crime law, in pushing her Indigenous agenda and attempting to promote her own career. It has been very disappointing, to say the least.

An iron fist in a velvet glove? Lawyers and criminologists weigh in on Liberal changes to the justice system.

Source: Harper was tough on crime, Trudeau promised a new approach — did he deliver?