"Watching the Detectives"
Author(s): Ontario Bar Association
Publication Date: February 2019
Format: shipped (hardcopy), download (PDF)

Every criminal case involves a police and citizen encounter. With the ability to conduct investigative detentions, searches of people, places and property, and to make arrests, police officers possess a toolbox of extensive powers. However, along with these powers come very hefty obligations. When does investigative questioning go from lawful to arbitrary? Under what circumstances are officers entitled to withhold evidence from accused and their counsel, and when does a search become unreasonable?

Understanding the full nature, scope and limits of police power is essential for Crown and criminal defence counsel alike. Our exceptional faculty of appellate and trial judges, and senior Crown and defence counsel, will answer these questions and many more. Join us to explore the latest developments surrounding the exercise of police powers.


Lesley Pasquino, Crown Attorney's Office (York Region)
Scott D. Bergman, Cooper, Sandler, Shime & Bergman LLP
Michal A. Sokolski, Crown Attorney's Office (Niagara)


Ancillary Power Doctrine: Assessing the Legitimacy of Police Action
The Honourable Justice Chris De Sa, Superior Court of Justice (Central East Region)
Victoria Tatsis-Yeh, Criminal Defence Lawyer

Behind the Black: An Introduction to Step 6 of Garofoli
The Honourable Justice Chris De Sa, Superior Court of Justice (Central East Region)

A Review of the Trial and Tribulations of Thomas Hardy (1794)
Liam O'Connor, Rusonik, O'Connor, Robins, Ross, Gorham, Angelini

Confidential Informants: And the Crown Duty to Withhold Disclosure
Dimitra Tsagaris, Crown Attorney (Scarborough)

Review of Carding Practices in Ontario: A Summary of Justice Tulloch's Findings
Nazampal Jaswal, Student at Law, Cooper Sandler Shime & Bergman LLP

Policing the Police: the importance of holding Canadian police agencies accountable
Bhavan K. Sodhi, Director, Innocence Project at Osgoode Hall Law School and Case Management Counsel at Innocence Canada

Regulation 58/16 and the Future of Carding
Rhianna Woodward, Articling Student, Scarborough Crown Attorney's Office

The Effective and Efficient Charter Voir Dire
The Honourable Justice David Watt, Ontario Court of Appeal

Police Powers in Relation to Strip Searches: A Review of Cases Post R v. Golden
Gurvir Gill, Barrister & Solicitor

Section 8 Standing and Electronic Devices: The Impact of Marakah and Reeves
Christian Moreno, Student-at-Law, Toronto West Crown Attorney's Office

Search Incident to Arrest
Thompson Hamilton, Newmarket Crown's Office
Michael Ventola, Newmarket Crown's Office

The Law of Unconstitutionally Retained Fingerprints: What Counsel Need to Know
Daniel Goldbloom, Goldbloom Law

The Three Cases Every Practitioner Should Read on Bail: St. Cloud, Antic and Oland
The Honourable Justice Steve Coroza, Superior Court of Justice (Central West Region)
Kristin Bailey, Hicks Adams LLP
Rohan Robinson, Robinson Chartier Taraniuk Owoh & Fedorowicz

Suspiciously Unclear - The Law of Questioning Suspects
Henry Limheng, Assistant Crown Attorney

Police Obligations Under Section 10(b) of the Charter: Language Comprehension and the Right to Counsel
Kevin Kim, Crown Attorney's Office

Electronic Surveillance and Tracking
Anna Gilmer, Assistant Crown Attorney (Scarborough)

Issues in Civilian Oversight of Policing in Canada
Ian Scott, The Law Office of Ian Scott

Police Oversight Overview
Ian Scott, The Law Office of Ian Scott

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