Chapter 8
Levels of Police in Canada The Federal police force of Canada is the Royal Canadian Mounted Police which was formed in 1873 as the Northwest Mounted Police. The RCMP serves as provincial police force in province as well (except Ontario and Quebec). Some municipalities are also policed by the RCMP
Levels of Police in Canada The majority of the work the RCMP does at the Federal level includes: 1. Customs and Excise 2. Drug Enforcement 3. Economic Crime 4. Federal Policing 5. Immigration 6. Proceeds of Crime 7. Criminal Intelligence 8. International Liaison and Protective Services
Levels of Police in Canada Provincial police have jurisdiction in rural areas and in unincorporated regions around cities. The three provincial police forces in Canada are: The Ontario Provincial Police The Surete du Quebec The Royal Newfoundland Constabulary
Levels of Police in Canada Municipal Police forces have jurisdiction over policing towns and cities throughout Canada. A municipal police officer s duties may include any or all of the following: Preserving the peace Preventing crimes Assisting victims of crime Apprehending criminals Laying charges and participating in prosecutions Executing warrants Enforcing municipal bylaws
Levels of Police in Canada The First Nations Policing Policy provide the opportunity for First Nation communities to establish stand alone police forces or to establish contingents among existing forces. The Dakota-Ojibway Police Service was the first of these forces established in 1977 in Manitoba. In New Brunswick the first RCMP detachment consisting of Aboriginal officers was created in 2000 and operates in Tobique.
Arriving at the Crime Scene The location where an offence takes place is referred to as the crime scene. Officers have three tasks to perform upon arrival: 1. Call an ambulance and assist injured people. 2. Call for reinforcements to eliminate any hazards that still exist. 3. Continue to search the scene for the perpetrator.
Protecting & Preserving the Crime Scene To protect the crime scene from being disturbed officers must establish two boundaries: The Center- This is the area where the offence was committed. The Perimeter- The surrounding area where the offender may have been present or may have left evidence.
Protecting & Preserving the Crime Scene Crime scenes are preserved for three reasons: To allow for a thorough search of the scene. To seize and collect physical evidence. To ensure that the physical evidence seized is admissible in court.
Protecting & Preserving the Crime Scene If evidence is not handled properly it can suffer from contamination meaning its lost, destroyed or altered. Contaminated evidence may not be admissible in court. Officers try and preserve evidence by documenting the scene carefully and keeping a police log of what each person witnessed at the scene. Photographs are also taken of the scene, the surrounding area, and any evidence found.
Officers Roles at a Crime Scene There are four types of police officers to investigate a crime scene with defined roles. Patrol Officer- Usually the first on the scene and is to secure the crime scene and conduct interviews with witnesses. Scenes of Crime Officer- Collects and documents evidence such as fingerprints and tire tracks. Criminal Identification Officer- Examines physical evidence at or taken from the crime scene. Criminal Investigations Officer- They supervise the investigation, interview of witnesses, interrogation of suspects, draw conclusions from physical evidence and make arrests.
Identifying and Collecting Physical Evidence In most cases the Crown Prosecution must prove beyond a reasonable doubt that the accused was present at the crime scene when the offence occurred. To do this investigators collect physical evidence that can prove facts relating to the case. Physical evidence is any object, impression, or body element that can be used to prove or disprove facts related to the case.
Identifying and Collecting Physical Evidence Some evidence is analyzed through the use of forensic science. Forensic science uses biochemical and other scientific techniques to examine and analyze evidence found at a crime scene. These techniques are used in a range of ways to find things like: Time of death What type of gun was used Vehicles used in the offence
Identifying and Collecting Physical Evidence When collecting evidence investigators look for certain clues on objects such as: Impressions left by an object Class Characteristics of an object Individual Characteristics or specific features of an object
Identifying and Collecting Physical Evidence Police often search for fingerprints to help identify the perpetrator of a crime. Fingerprints are unique to each individual and never change so they are invaluable in a police investigation. There are two categories of fingerprints: A visible fingerprint can be observed by the naked eye. A latent fingerprint is made by the perspiration and oils that naturally form on the skin surface and cannot be seen by the naked eye.
Identifying and Collecting Physical Evidence Crimes often result in the transfer of bodily fluids or elements from the suspect to the victim. DNA testing now allows police investigators to examine DNA samples collected at a crime scene against those taken from a suspect.
Identifying and Collecting Physical Evidence All evidence collected is labeled for easy identification at a later date. This also protects against contamination and tampering of the evidence. Officers establish a chain of custody which is a record of all the people who had control of the evidence. Each time a person handles the evidence the time and reason is recorded.
Arrest & Detention Once police have collected physical evidence, they usually begin to question suspects. Depending on the amount of evidence collected, the police may make an arrest either before or after questioning.
Arrest & Detention Police are required to ask suspects questions as they investigate a crime, however they cannot force a suspect to answer their questions. If arrested a person must be informed of: The charges The right to remain silent The right to a lawyer
Interrogation Techniques The primary goal of police interrogation is to obtain the truth about what happened. In most cases the police use a four-stage approach asking the suspect to describe: The entire incident The period before the offence took place The details of the actual offence The period following the case
Arrest and Detention Procedures When a police are investigating a case they can arrest or detain suspects. If a person is arrested they are legally depriving someone of liberty by seizing or touching the person to indicate they are in custody. When a police officer arrests a suspect they have to: Identify himself or herself as a police officer. Advise the accused they are under arrest. Inform the accused promptly of the charge and show the arrest warrant if one has been obtained. Touch the accused to indicate that he or she is in legal custody.
Arrest and Detention Procedures In certain circumstances the police will detain a person. Detention involves stopping someone and asking the individual to answer a few questions. When the police detain someone they are depriving that person of liberty, with or without physical restraint.
Arrest and Detention Procedures Police must have some proof that an offence has been committed in order to arrest or detain someone. In order to arrest or detain a person the police need reasonable grounds to take action. Most citizens cooperate with police when questioned. Individuals may ask for a lawyer to be present at any time when speaking with the police.
Arrest and Detention Procedures Police have three ways to apprehending an offender: They can issue an appearance notice for less serious offences. A warrant can be issued for a persons arrest. In certain circumstances police can arrest without a warrant.
Arrest and Detention Procedures An appearance notice can be issued for summary conviction and less serious indictable crimes. The accused must sign the document acknowledging when and where they are to appear in court. If the accused fails to appear the judge will issue a bench warrant for failing to appear.
Arrest and Detention Procedures In some serious cases where the police feel the accused will appear in court a judge may issue a summons. A summons is a document delivered to the accused telling them when and where to appear in court. The accused will usually be directed to go to the police station for fingerprinting before their court date.
Arrest and Detention Procedures If the police believe the accused will not show in court willingly they can apply for a warrant for an arrest. In order to obtain a warrant the police must file an information telling a judge the details of the offence. An arrest warrant is a written court order directing the police to arrest the suspect which includes the offence, and the reason for the warrant.
Arrest and Detention Procedures Police have the power to arrest without a warrant in three circumstances: They have reasonable grounds to suspect a person has either committed an indictable offence or is about to commit one. They find a person in the act of committing a criminal offence. They find a person who they believe is named on an arrest warrant. The law allows arrests to be made by peace officers including: Mayors Prison Guards Customs Officers Aircraft Pilots Fisheries Officers
Arrest and Detention Procedures Citizens are allowed under the law to make arrests in certain situations where they are not put in harms way. The most common form of citizens arrest is by security guards. After a suspect has been taken into custody they must be turned over to a peace officer.
Arrest and Detention Procedures: Searches After a person has been arrested the police have the right to search the suspect without a warrant. In the case of a violent offender a pat down make take place directly after the arrest followed by a more thorough search at the station. Strip searches are legal in Canada under strict guidelines.
Arrest and Detention Procedures: Searches In order to search places like a residence or office, police need a search warrant. There are situations where police do not need a warrant to search a place: They are preventing imminent injury or death They are preventing the destruction of evidence. There is illegal drugs within the premises.
Arrest and Detention Procedures: After the Arrest After a person has been arrested they may be fingerprinted, photographed, and placed in a line-up. A suspect does not have to take part in a line-up if they so choose but should consult a lawyer before making the decision.
Pre-Trial Release After the suspect has been arrested, fingerprinted, and photographed, the police will release them until trial. For summary charges or indictable charges carrying a fine of under $5,000 release is automatic after the accused signs a promise to appear. In some cases the accused must sign a recognizance or a guarantee to show up in court or be fined $500 The police can ask for a surety, or someone who is willing to pat a certain sum of money if the accused fails to show at trial.
Pre-Trial Release Police try to keep people charged with serious indictable offences in jail until their trial. In such cases the accused may apply for bail, or the posting of a sum of money to guarantee their appearance in court. If the prosecution does not want the accused to go free a show-cause hearing is held to convince the judge to keep the accused in jail. In some cases a reverse onus causes the defendant to convince the judge why they should be released. The accused right of Habeas Corpus ensures fair treatment and the right to a speedy trial.