Paper Example on Canada: A Model of Stability and Rule of Law

Introduction

The stability of a country depends significantly on the degree to which the laws of the land are observed and adhered to. Several states have different laws that guide the behaviour and actions of their people. Such laws may differ but play a common role in enhancing the peaceful coexistence of the citizens while at the same time ensuring that the environment is hospitable to promote positive living. One country well recognized for observing the rule of law in Canada. Its provisions are clear and that individuals convicted of violating the laid down policies are subjected to stringent sanctions. The paper presents a case scenario of a criminal case involving two individuals with a significant focus on the application of Canadian laws.

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Case Summary

Alan Thor and Jason Blood are friends belonging in a motorcycle club in Hamilton Canada. They have engaged in Marijuana growing business where they have used the proceeds from the sale of the rug to purchase a considerable number of weapons. They also engaged one of their friends in doing wiring works that connected their house to the neighbouring houses to prevent the hydro bills of the latter to detect their activities and alert the police. The drug business thrived well, and they used the revenues generated in the purchase of the required firearms. Their house was fitted with trip wires that protected it from the intruders, and the wire could produce poisonous gases when activated. The two individuals dug the basement to increase their surface area. However, suspicion was raised by the residents, thus calling for an investigation into the matter.

Aspects That Neighbors Would Have Identifies At the Suspects Residence

The reported activities of the suspects may have been accompanied by a considerable number of things that could have been identified by the residents before they alerted the police. The digging expansion of the surface area could have been elicited the reactions of the residents due to the several construction activities involved. According to Alaggia and Regehr (2009), it is vital for each person to have comprehensive information about their neighbours to prevent cases of criminal activities in the community. The suspects' house was not entered by any other person apart from the two, making the residents suspect the nature of the two friends.

Gaining More Intelligence

The success of any legal proceeding calls for the involvement of several parties that can help in gathering information. In ensuring that the police officers involved in the case get intelligence, I will ask them to visit the neighbourhood and stay for a little while and interview the neighbours of the specific activities they have encountered in the suspect's residence. According to Chandler (2015), the investigative agencies should interview the close associates of the suspect to establish the suspect's activities, the time they leave and return to the house as well as the people they interact with and on which time frames.

The information gathered will be essential in getting facts about the suspects before they are approached and interviewed over the matter of concern (Oriola & Adeyanju, 2011). The Canadian criminal proceedings involve several parties such as the Crime scene investigators, detectives, specialists, and witness who help in unravelling the facts about the matter of concern (Chipiuk, 2005). I will request the police to utilize the skills and knowledge of these parties to allow them to get more insights into the suspects' activities.

Initial Investigation

The initials investigation of the case will take place in the neighbourhood. Since the neighbours stay close to the suspects, they may have essential information about the suspects, which is vital in handling the case (Weinrath & Kohm, 2012). The neighbours will, therefore, be interrogated to give their information concerning the suspects, the activities they do for a living, their friends, and the time they usually are available. Since the suspects stay in rented houses, the owner of the houses will also be requested to reach to the tenants to establish what they do and any suspicious activities in the tenants' residence.

Next Step after Evidence Collection

The decision on whether to proceed or drop a case depends on the value of the evidence collected by the investigating agencies. According to Blom (2016), attainment of facts concerning a case will require the matter to be presented before the court seeking the issuance of the arrest warrant of the suspect to allow for a further independent investigation in the suspects' place of residence (McKee & Henderson, 2012). The evidence will, therefore, be presented to the court and request an opportunity to arrest the two individuals suspected of being involved in criminal activities.

Obtaining a Warrant

Canada just like other states has the arrest warrant issued by a judge or a magistrate in a court of law to which the suspects will be charged. The warrant serves as an authorization document that allows the investigative or police officers to arrest the suspect and bring them before the court to respond to the charges levelled against them (Spencer, 2013). According to Hillebrecht and Straus (2017), the warrant cannot be issued unless the judge is convinced that there is a reason to believe that the suspect has to face the charge. Convincing the judge will, therefore, entail presenting the evidence collected before the court upon which the judge will verify before issuance of the required warrant.

Type of Warrant

Several warrants are issued as per the Canadian legal statute. In this case, the suspects reside in a known dwelling place. The peace officers will be required to seek a Feeney warrant of arrest. This is because the person has increased privacy right in their place of residence and therefore protected from warrantless entries even if it is a legal arrest or seizure of evidence. The judge will, therefore, be requested to issue this type of warrant which will permit the suspects to be brought before the court.

What to Do With the Warrant

Even though the warrant permits the arrest of an individual from their premises, it has some legal aspects to conform to during its execution. The arrest officers should be sure before entering the house that the suspects are present. The warrant will be shown to the suspects to confirm that the arrest officers are legally present in residence and that they are required to attend court to answer criminal charges.

Specialized Officers for the Operation

The operation will involve a considerable number of officers. The police officers will be the first ones at the scene to arrest the suspects while at the same time securing the scene. The Crime Scene Investigators (CSI) will be at the scene to collect physical evidence. They will take photographs and also draw sketches of all aspects identified while touching nothing in the scene. The district attorney will also be present at the scene to establish if the investigations require search warrants so that they may be obtained from a judge. Several specialists such as forensic scientists and forensic psychologists may be called at the crime scene, especially when it is established that expert analysis is required (PPSC, 2018). Lastly, the detectives will be present to follow the leads provided by witnesses and the physical evidence while at the same time interrogating those named in the crime.

Charges and Offences

The crimes committed by the suspects are federal offences as enshrined in the Canadian constitution. Several offences may be charged against the suspects based on the activities they were engaged in. Part 3, section 88(1) states that one who commits an offence by weapons or prohibited ammunition that may disrupt public peace or to commit an offence is liable for criminal charges. Also, part 1 section 5 of the controlled drugs and substance Act provides that one commits a crime by producing or trafficking of drugs and such persons are liable to a conviction in a court of law (G.O.C, n.d; Hughes & Sindicich, 2014; OMQ, n.d). The suspects will, therefore, be charges of unlawful possession of weapons aimed at committing an offence and producing and trafficking of drugs (Paoli & Reuter, 2008). The suspects also involved minors aged 16 in their criminal activities. They will, therefore, be convicted as per part 5 section 163 for corrupting society morals in minors (G.O.C, n.d; Grauschopf, 2018).

Required Paper Work

Besides the warrant and seizures, several aspects will need to be documented about the scene. The date, time, and description of the person will be essential to be recorded to support evidence presented in court. The description of the place is also vital to be recorded for future physical visits during investigations (Aroney & Kincaid, 2017). Also, statements presented by the witnesses and victims of the criminal acts as well as the statements made by the suspects must be recorded for use during the court proceedings.

Exhibits and Court Proceedings

The exhibits will be presented to the court and kept with the clerk waiting for the case proceeding in the court. The exhibits will be identified based on the identification marks assigned to them (Edinger, 2006). The suspects will be required to appear in court at a designated date and time for the mention of the case in which they will be requested to plead guilty or not guilty for the offence labelled against them. In case the suspects plead of not being guilty, the officers at the scene such as the police, detectives, the CSI, specialists, witnesses, and victims will be called to give evidence against the accused.

The paperwork required in court will include the description of the crime scene in terms of the date the investigation took place, what was encountered, the statements from the accused and the witnesses and the photographs that were taken by the CSI and the detectives (McKee & Henderson, 2012). The probable charges that the prosecutor may proceed on are illegal possession of firearms and drug trafficking. This is because the weapons were probably found in the house while the marijuana farm could physically be seen in the residence of the suspects.

References

Alaggia, R. & Regehr, C. (2009). Where is the justice? Parental experiences of the Canadian justice system in cases of child sexual abuse. Family Court Review, 47(4), 634-649. doi:10.1111/j.1744-1617.2009.01278.x

Aroney, N. T., & Kincaid, J. (2017). Courts in federal countries: Federalists or unitarists?. Toronto: University of Toronto Press. doi:10.3138/j.ctt1whm97c

Blom, J. (2016). Canadian cases in private international law in 2015. The Canadian Yearbook of International Law, 53, 560. doi:10.1017/cyl.2016.11

Chandler, J. A. (2015). The use of neuroscientific evidence in Canadian criminal proceedings. Journal of Law and the Biosciences, 2(3), 550-579. doi:10.1093/jlb/lsv026

Chipiuk, E. (2005). Overcoming the attribution bias: Incorporating restorative justice processes into the Canadian criminal justice system. Revista Juridica De La Universidad De Puerto Rico, 74(4), 967.

Edinger, E. (2006). New British Columbia legislation: Court jurisdiction and proceedings transfer act; the enforcement of Canadian judgments and decrees act. University of British Columbia Law Review, 39(2), 407.

Grauschopf, S. (2018). What "Age of Majority" Means: Its Definition & Usage; https://www.thebalanceeveryday.com/what-age-of-majority-means-its-definition-and-usage-882666

Government of Canada (n.d). Canadian System of justice. Retrieved from: https://laws-lois.justice.gc.ca/eng/acts/C-46/Hillebrecht, C., & Straus, S. (2017). Who pursues the perpetrators? State cooperation with the ICC. Human Rights Quarterly, 39(1), 162-188. doi:10.1353/hrq.201...