INVESTIGATION AND ARREST Who are these men? 1
Donald Marshall He was found guilty of murdering Sandy Seale. He served eleven years before he was exonerated in a new trial. Guy Paul Morin He was convicted of murdering Christine Jessop. He spent 18 months in prison before DNA testing proved he could not have committed the crime. 2
David Milgaard (shown with his lawyer) He was convicted in 1970 of the rape and murder of Gail Miller. He spent 22 years in prison before his conviction was overturned by the Supreme Court of Canada The Wrongfully Convicted What factors can lead to the arrest and conviction of someone who is innocent? Witnesses who give false testimony (Milgaard case). Police rushing to get a conviction without thoroughly investigating the crime scene (Morin case). Defence counsel failing to prepare his or her client s defence adequately (Marshall case). 3
This is what we are covering The different levels of policing in Canada. How the police investigate crimes by collecting evidence and questioning witnesses. The elements of a legal arrest The different types of pre-trial releases that are available to defendants awaiting trial Levels of Police in Canada: Federal: The RCMP (began in 1873 as the Northwest Mounted Police) deals with the following eight areas: 4
03/04/2012 Customs and Excise: Smuggling, and excise duties (for example, taxes on domestically made cigarettes) Drug enforcement: Controlled Drugs and Substances Act: International and inter-provincial drug smuggling 5
Economic Crime: Commercial fraud, organized crime, technological crime, and securities fraud. Counterfeiting in co-operation with the Bank of Canada. Federal Policing: Such law as hazardous waste transport, environmental law, explosives, vehicle odometer tampering, student loans, public safety and consumer protection. 6
Immigration: Smuggling of aliens, as well as counterfeiting of passports and visas. Works with Immigration Canada to screen out members of criminal organizations. Criminal Intelligence: Gathers information on organized crime and terrorist groups. 7
International Liaison and Protective Services: Security for federal officials and visiting dignitaries. Provincial Police: (The RCMP acts as the provincial police in all provinces except Ontario, Québec and Newfoundland Ontario Provincial Police, Sureté du Québec, and the Royal Newfoundland Constabulary). 8
Provincial Police: Policing some municipalities Special assistance to municipalities Traffic control on all major highways Investigative services to the coroner s office and other provincial ministries Protecting Ontario government officials where necessary Municipal policing: Funded by the municipality Organized into divisions and then units or squads (e.g.: Drug squad, Gang Crime Unit) Policing in cities and towns. 9
Questions Conrad murdered Leo. Which police force would investigate this crime in the city of Vancouver? In a remote area of British Columbia? In a remote part of Northern Ontario? R. v. McCurrach (page 192) To Do Begin to read page 193-195...Starting a police Investigation: Answer questions 1,2 and 3 on page 195. 10
1 What three tasks must the police complete when they first arrive at a crime scene? 1. Call an ambulance and assist any injured people. 2. Help eliminate any hazards that may still pose a risk 3. Continue to search for perpetrators, even if witnesses say that the perpetrators have left 2. The two boundaries that the police must establish at a crime scene are the centre (where the offence took place) and the perimeter, the area around the centre where there may still be evidence. These boundaries help establish the entry or escape routes used by the offender. 11
3 Contaminated evidence: Loss, destruction or alteration of physical evidence. 12