JIBC Investigation and Evidence Collection 5 — Questions and Answers
Question 1: What is the legal standard for obtaining a search warrant in Canada?
- Probable cause as defined by US federal standards
- Reasonable and probable grounds to believe evidence will be found (Correct answer)
- Beyond a reasonable doubt that the suspect committed the crime
- A preponderance of evidence suggesting criminal activity
Correct answer: Reasonable and probable grounds to believe evidence will be found
Canadian law requires reasonable and probable grounds — an objective standard based on credible information — to justify issuing a search warrant.
Question 2: When multiple suspects are involved in a crime, why is it important to interview them separately?
- To reduce interview time and administrative burden
- To prevent them from aligning or influencing each other's accounts (Correct answer)
- Because joint interviews are prohibited under Canadian law
- To ensure each suspect receives separate legal advice
Correct answer: To prevent them from aligning or influencing each other's accounts
Separate interviews prevent suspects from hearing each other's accounts and aligning stories, helping investigators identify inconsistencies and evaluate credibility.
Question 3: What is a 'canvass' in the context of an investigation?
- A detailed sketch of the crime scene layout
- Systematic questioning of people in the area near the crime (Correct answer)
- A review of all surveillance camera footage available
- The process of cataloguing all physical evidence collected
Correct answer: Systematic questioning of people in the area near the crime
A neighborhood or area canvass involves systematically contacting and questioning individuals who may have witnessed relevant events or have useful information.
Question 4: Which of the following best describes 'investigative bias' and its danger?
- Favoring physical evidence over witness testimony in all cases
- Prematurely focusing on one suspect while ignoring alternatives (Correct answer)
- Using multiple investigators to review the same evidence
- Applying stricter standards to evidence from unreliable witnesses
Correct answer: Prematurely focusing on one suspect while ignoring alternatives
Investigative bias occurs when investigators prematurely focus on a theory or suspect, causing them to discount contradictory evidence and risk wrongful conviction.
Question 5: What is the purpose of a 'toxicology report' in a death investigation?
- To identify the victim's blood type for next-of-kin notification
- To detect the presence of drugs, alcohol, or poisons in the body (Correct answer)
- To establish the estimated time of death at the scene
- To confirm the victim's identity through genetic markers
Correct answer: To detect the presence of drugs, alcohol, or poisons in the body
A toxicology report analyzes biological samples to detect substances such as drugs, alcohol, or poisons that may have contributed to or caused death.
Question 6: When is an investigator required to disclose their notes to defense counsel in Canada?
- Only if the notes contain exculpatory information
- After a conviction is entered and sentencing is scheduled
- As part of Crown disclosure obligations before trial (Correct answer)
- Only when ordered to do so by the presiding judge
Correct answer: As part of Crown disclosure obligations before trial
Under the Stinchcombe disclosure rules, all relevant information including investigator notes must be disclosed to the defense as part of Crown disclosure obligations.
Question 7: What is the difference between a 'fact witness' and an 'expert witness' in legal proceedings?
- A fact witness is sworn in; an expert witness is not required to take an oath
- A fact witness testifies to personal observations; an expert witness provides opinion evidence (Correct answer)
- Expert witnesses can only testify in civil matters, not criminal trials
- A fact witness is called by the defense; an expert witness is called by the Crown
Correct answer: A fact witness testifies to personal observations; an expert witness provides opinion evidence
A fact witness testifies only to what they personally observed, while an expert witness is qualified to provide opinion evidence interpreting facts beyond ordinary knowledge.
JIBC Investigation and Evidence Collection 5
What is the legal standard for obtaining a search warrant in Canada?