The Canadian Charter Of Rights And Freedoms And Fire Investigations

1270 words - 6 pages

Part BThesis Title:The Canadian Charter of Rights and Freedoms and Fire investigations.IntroductionAs a fire investigator, my job is to arrest and put to trail any person who by "Intentionally" "Arson by negligence" "Marked Departure" or even "Non-Compliance with Prevention Laws" has caused a fire.Thesis statementThe result causes the fire investigators and police to investigate with more emphasis on evidence and with fewer resources. Concrete evidence is crucial to provide painstaking certainty in this business. Because it leaves room for so many technicalities, the Charter affects if not impede the process of the investigation. It also created many more steps in our investigation thus ...view middle of the document...

People that I detain often imply their Civil rights as an excuse to justify their actionsUnfortunatly the judge dosen't always see it our way. At one particular time I had no warrant to go to a next door nieghbor where a fire took place, even if HE CALLED ME. The judge through my evidence out and gave the reason stated in the Section 24(2) dealing with the admissibility of evidence. The perpatrators lawyer used Section 24(1) which grants standing before the courts to any individual whose rights or freedoms under the Charter have been infringed and won that point.At same fire investigation, a dead husband and mistress where killed by the ex-wife, the judge and the defence found the wife psychologically inapt. Beacause she was a sick women in the eyes of the Law, she was sent to a Psychiatric evaluation and was declared unfit for trial.Was the judge doing the right thing? In this case I don't believe the judge was doing right thing. My reasoning is that she told us that she did it in front of many witnesses including her lawyer. But as usual, her lawyer only had this card left to play.This card was the psychiatric card. Did it ever work! His client is not doing time and she gets to tell her problems to a shrink. All of this because of Article 24(2) of the Charter.Our job has become harder to do after the Charter. In all arson cases most of the time it is somewhat easy to prove it is a criminal fire. Even when its clear, Judges can now overturn deliberate policy decisions made by the elected representatives of the people where those decisions do not accord with the way the judges interpret the Charter.Because of this increased need for evidence, the science of Arson Investigation has developed at a rapid pace in Canada. In fact Arson Investigation is the 2nd science, apart of medicine, that has evolved the most in the world.Because of this, our police labs have invented new ways of taking fingerprints: Such as on toilet paper. Ten years ago you could not do this because of the technology. This is good for us because some criminals use this at some scenes of a crime. You can even take fingerprints on some glasses even when they have been subject to heat and have little and no soot. Even though today's arsonist has access to all kinds of modern explosives our way of detecting explosive residue has also changed dramatically.Today, because of the...

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