Workshop B – Your Guide to Searches & Seizures: Staying within the Parameters of the Canadian Charter and How to Operate under Stricter Court Procedures

Nov 5, 2024 1:00 pm – 04:30 pm

Sergeant Krista Hovde
E Division Legal Application Support Team (LAST)
RCMP

Louise Kenworthy K.C.
Crown Counsel
Prosecution Service of BC

This interactive training session will explore critically important topics within a major case management framework. Benefit from a deep dive into key issues, along with real-world takeaways. Topics will include:

Part I: Production Orders and Search Warrants

  • The scope of the expectation of privacy for search and seizure
  • Clarifying electronic search requirements for searches of items such as smartphones and computers that have been lawfully seized (R. v. Vu (2009), R. v. Fearon (2014))
  • Production orders and making third-party requests for information, as it relates to subscriber account information, with a look at R. v. Spencer (2014) and R v Bykovets (heard in January 2023)
  • Learn practical tips regarding search and seizure

Part II: Detention Orders

  • A close look at how Detention Orders are being more strictly enforced under section 490 of the Criminal Code
  • Discover key trends in Charter challenges surrounding section 490 orders
  • Applying the legal requirements for police to keep detained items, with a focus on more than 90 days

Part III: Bill S-4

  • Clarifying the changes to Criminal Code procedures for obtaining judicial authorizations through phone (old telewarrants) and the new notice requirements
  • Updated procedures for production orders and tracking device orders
  • Examining a judge’s new power to order fingerprints as part of prisoner release
  • Exploring the approved delivery of virtual court procedures