HERE'S A Q:
Does Canadian law view each truck in #FreedomConvoyCanada2022 as a "dwelling house"?
IF SO - AS A FMR RCMP (Ret'd) there can be little doubt as the question is essentially rhetorical (See 2) - THEN any "police crackdown" [media parlance]
toronto.citynews.ca/2022/02/08/ott…
Does Canadian law view each truck in #FreedomConvoyCanada2022 as a "dwelling house"?
IF SO - AS A FMR RCMP (Ret'd) there can be little doubt as the question is essentially rhetorical (See 2) - THEN any "police crackdown" [media parlance]
toronto.citynews.ca/2022/02/08/ott…
2/4
⟨MUST⟩ address this in any search and seizure of these places ("units"), if it is to be conducted lawfully.
WHAT DOES THIS ULTIMATELY MEAN?
This is significant.
It means Information to Obtain (ITO) will be required and separate Section 487 Search Warrant for each and
⟨MUST⟩ address this in any search and seizure of these places ("units"), if it is to be conducted lawfully.
WHAT DOES THIS ULTIMATELY MEAN?
This is significant.
It means Information to Obtain (ITO) will be required and separate Section 487 Search Warrant for each and
3/4
every truck being used a dwelling house.
This means the police will have to identify and differentiate each and every truck and determine whether it is being used as a dwelling house.
THEN once identified, the police must satisfy a Justice. (See Below)
every truck being used a dwelling house.
This means the police will have to identify and differentiate each and every truck and determine whether it is being used as a dwelling house.
THEN once identified, the police must satisfy a Justice. (See Below)
4/4
AND SINCE Canada still has the Canadian Charter of Rights and Freedoms and the Criminal Code of Canada, an ITO and Search Warrant are neither optional nor subject to police discretion.
Note: Suffice it here to say, Canadian law with respect to search warrants is complex.
AND SINCE Canada still has the Canadian Charter of Rights and Freedoms and the Criminal Code of Canada, an ITO and Search Warrant are neither optional nor subject to police discretion.
Note: Suffice it here to say, Canadian law with respect to search warrants is complex.
ICYMI 📌 @TerryGlavin
ICYMI @TomTSEC
ICYMI @tleehumphrey
The cascading possibilities (image of dominoes) should the police be deemed to have not been “in the execution of his [their] duty” (cf. Section 129 of Criminal Code, Obstruction of a Peace Officer) cannot be overstated. Other offences also impacted.
The cascading possibilities (image of dominoes) should the police be deemed to have not been “in the execution of his [their] duty” (cf. Section 129 of Criminal Code, Obstruction of a Peace Officer) cannot be overstated. Other offences also impacted.
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