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E6| Making a mistake. Is it fatal to your reasonable grounds?
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In this episode, Mike discusses the Supreme Court of Canada decision R. v. Tim, 2022 SCC 12. In it, Canada's top court had to decide: (1) whether a police officer’s mistake of law rendered an arrest unlawful and therefore arbitrary under s. 9 of the Charter; (2) if so, whether the subsequent searches of the arrestee were authorized by law under s. 8 of the Charter; and (3) if there were Charter breaches, whether the evidence, including a loaded pistol and fentanyl, should be excluded under s. 24(2). You might be surprised by the…
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