Jack Lindsay 657265724 CRIM 230 Kendra Waugh March 6, 2024 Case Briefs for Legal Memo. In this paper, I will write case briefs regarding Section 8 and Section 10(b) of the Canadian Charter of Canada, for the following five cases: R v. Muller, 2014 ONCA 780, R v. Fine, 2015 BCPC 3, R v. Hamdan, 2017 BCSC 467, R v. Montgomery, 2009 BCCA 41, and R v. Ashby, 2013 BCCA 334. In this, I will be providing each case citation, facts, issues, decisions, and reasoning. CITATION: R. Muller, 2014 ONCA 780. FACTS: The Appellant, Bart, Alec, Muller, was arrested without warrant after exiting a building that officers were surveying. A search warrant was executed in that building to find a drug dealing suspect by the alias “Biggie” (R v. Muller, 2014). P. 7). …show more content…
v. Fine, 2014. p.16). The accused read her s. 10 rights upon her second arrest, and she informed Constable Craven that she wanted to speak to counsel. A female officer, Constable, McLean, arrived at the scene and conducted a “cursory search,” then the accused was placed in handcuffs and detained in the back of Constable McLean’s police car “(R v. Fine, 2014. p.17). Constable Craven then seized and searched the accused’s purse, discovering “$915,” and a bag of baking soda, which was collected along with the two cellphones the accused was holding during her arrest “(R v. Fine, 2014. p.19). During booking, Constable Celli instructed Constable McLean to perform the strip search on the accused due to information he previously received from Corporal Williams, who acted in a supervisor capacity. The accused was provided the chance to release any drugs she had in her possession before the search, but did not respond. The accused underwent a strip search conducted by Constable McLean while a female civilian employee took notes, while taking place in a room being recorded and broadcast. The accused willfully complied with Constable McLean’s direction in removing …show more content…
Fine, 2014. p.36). ISSUE(S): Was videotaping and broadcasting the strip search conducted on the accused in violation of her s.8 rights? DECISION: The Provincial Court of British Columbia found that the strip search briefly violated the accused’s s.8 rights due to the recording and broadcasting, but societal interests outweighed the violations. REASONING: Strip searches have a higher degree of invasiveness and high potential to embarrass whoever is subject to privacy concerns. Because of the high degree of privacy invasion and potential to cause embarrassment, strip searches are held to higher regulations; they must not be out of routine but instead proven necessary by reasonable and probable grounds, also they are to be conducted by an officer of the same sex who has been directed by a supervisor and be conducted in privacy in a police station with the subject never being fully nude. The Provincial Court of British Columbia determined that there were reasonable and probable grounds for a strip search. These grounds included evidence found incident to the accused arrest, her suspicious behaviour suggesting she was hiding something, and
Muller vs. Oregon As the economic changes swept through America with the Industrial Revolution, so did society and the traditional roles of men and women. These changes hit the lower class women particularly hard because not only did they have to work long hours at a factory; they also had to maintain the household as traditions required of women. With all of these responsibilities that women now had, perhaps the strain hit women because rarely had they been required to do so much. Oregon saw
What are the main elements in the crime of burglary? Burglary is typically recognized, from a legal perspective, as the unauthorized entry into any type of structure. A common misconception is that the crime of burglary is specific to breaking into a home or business; however, this is not the case. Moreover, for a burglary to occur there is no need for a physical breaking and entering, in fact, a burglary can be committed by an individual simply trespassing and walking into a structure through an
According to the Penal Code Section 459: “Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, etc., with intent to commit grand or petit larceny or any felony is guilty of burglary.” This is the section code for California that explains what burglary means. The FBI defines the term burglary as an “unlawful entry into a structure to commit a felony or theft, by forcible entry, unlawful entry where no force
cases: R v. Muller, 2014 ONCA 780, R v. Fine, 2015 BCPC 3, R v. Hamdan, 2017 BCSC 467, R v. Montgomery, 2009 BCCA 41, and R v. Ashby, 2013 BCCA 334. For each case I will provide the citation, facts, issues, decisions, and reasoning. CITATION: R. Muller, 2014 ONCA 780. FACTS: The Appellant, Bart, Alec, Muller, was arrested without warrant after exiting a building that officers were surveying. A search warrant was executed in that building to find a drug dealing suspect by the alias “Biggie” (R v. Muller
which, is the most common type of phytoplankton. They form colonies in the form of filaments/ ribbons and make up the base of food webs and chains. The first diatom Bacillaria paradoxa was discovered in 1783 by a Danish naturalist, Otto Friedrich Muller, who was involved in the study of microorganisms for most his life. Because of the abundance of diatoms in aquatic ecology, it remains the most popular tool for assessing environmental conditions and water quality. Diatoms have a significant value
African-American Females. Professional School Counseling, 3(4), 264-269. Muller, L. E. (2002, September). Group Counseling for African American Males: When All You Have Are European American Counselors. Journal for Specialists in Group Work, 27(3), 299-313. Souls of Black Men: African American Men Discuss Mental Health. (2003, July 21). Community Voices. Retrieved from http://communityvoices.org/Uploads/Souls_of_Black_Men_00108_00037.pdf Steward, R. J. (1993, September/October). Black Women and White Women in
Mann, C. (2009, June 30). The Evolution of Brazilian Football. Retrieved November 15, 2013, from http://soccerlens.com/brazil-football/. Muller, A. J. (2013). Use of Brazilian Soccer to Improve Children's School Experience. The Sport Journal, 16. Retrieved from http://www.thesportjournal.org/article/soccer-culture-brazil. Stambulova, N. B., & Ryba, T. V. (2013). Athletes' Careers in Brazil: Research and application in the land of ginga. In Athletes' careers across cultures (pp. 64-73). New York:
.. ... middle of paper ... ...9-640. doi:10.1007/s10551-012-1486-0 Sur, V., & Prasad, V. M. (2011). Relationship Between Self-Awareness and Transformational Leadership: A Study in IT Industry. IUP Journal Of Organizational Behavior, 10(1), 7-17. Williamson, S. (2014). Developing a Governance Framework for the Global Support Organisation at GlaxoSmithKline, Using COBIT. COBIT Focus, 120-23. Yukl, G., & Mahsud, R. (2010). Why flexible and adaptive leadership is essential. Consulting Psychology
International Relation Outline I. Introduction A. Setting of the speech B. The time and period when the speech was made C. Audience II. Content A. Europe is Divided B. Communist Fifth Column C. War is Not Inevitable III. Insight of the Speech IV. Conclusion V. Bibliography Introduction “The Sinews of Peace”, was the heading of a speech given by Winston Churchill. In the audience there was the noticeable presence of President McClure. It was one of his supreme speeches, Iron Curtain, given by him as a
oleic acid, tween 20, isopropyl myristate (IPM), tween 80, polyethylene glycol 400 (PEG 400) were measured. An excess amount of HCA was added to 10mL of oil and the mixture was shaken for 72 h at 25 °C. The resulting suspension was then centrifuged (R-8C REMI equipments, Mumbai) for 10 min at 10,000 rpm. The supernatant was filtered through a membrane filter (0.45µm) and the drug concentration in the filtrate was determined by high performance liquid chromatography (HPLC) analysis after appropriate
that could be considered discriminatory. Today there is considerable disagreement in the country over Affirmative Action with the American people. MSNBC reported a record low in support for Affirmative Action with 45% in support and 45% opposing (Muller, 2013). The affirmative action programs have afforded all genders and races, exempting white males, a sense of optimism and an avenue to get the opportunities they normally would not be eligible for. This advantage includes admission in colleges
individual attitudes, religious and cultural values. The practice of using continuous sedation (CS) to reduce or take away the consciousness of a patient until their death follows is a similar grey area in healthcare. This was addressed in Washington v. Glucksberg when Justice O’Connor’s statements proclaimed that CS was legal and ethically acceptable. The case also suggested the availability of CS renders the legalization of PAS as unnecessary (Raus, Sterckx & Mortier, 2011). This argument leaves
Environmental Protection Agency. (2009, September). Opportunities to reduce greenhouse gas emissions through materials and land management practices (EPA 530-R-09-017, pp. 1-65). Retrieved from http://www.epa.gov/oswer/docs/ghg_land_and_materials_management.pdf Wackernagel, M., Schulz, N., Deumling, D., Callejas Linares, A., Jenkins, M., Kapos, V., ... Randers, J. (2002). Tracking the ecological overshoot of the human economy. Proceedings of the National Academy of Science, 99(14), 9266–9271. doi:10
Introduction Seagrass is on the decline around the world and it is an extremely vital marine ecosystem found in shallow water mainly distributed throughout tropical seas, from a temperature around 4oC to 24oC (Green and Short 2003). They are the only true flowering plant (angiosperm) to live in aquatic conditions providing support and shelter for vast amounts of species (Orth et al. 2006; Jackson et al. 2001). They are a marine aquatic plant and a keystone species for many coastal areas found all
Historical context At the end of the 1950’s and during the 1960’s and 1970’s the idea of corridor development, both planned and unplanned, was actively studied and discussed among spatial planners, designers and scientists (e.g. by C.F.G. Whebell, George R. Collins, C. Doxiadis). Many of these practitioners and scholars also encountered the difficulty of visualising the dynamics of corridors and often referred to (earlier) schemes and designs of linear cities. A study on both the definition and visualisation