Ding ding ding!
Indirectly yes. They could pass legislation governing evidentiary disclosure and trial timeliness that notwithstanding the sections of the Charter that led to those decisions. But, particularly in the case of Jordan, that’s a terrible idea because it leaves the system even more underwater. What Jordan calls for is both federal and provincial action to operate more courtrooms every day. More crowns, more judges, more court staff.
No. Using non-governmental systems, using email address aliases to evade regulations governing public records, using Gmail, etc are all weak security practices. Some non-governmental systems might be more secure, but most won't. Use of aliases and alternates even on governmental systems reduces security because it evades accountability and practices which enforce security - guidelines can't be applied by the guardians to things they don't know about.
Some overlapping problems, some that are very distinct and particular.
No, but in my view, the SCC imposed unreasonable conditions on the police, Crown and courts to investigate and prosecute very serious files. Our liberal democratic peers do not share our inability to prosecute complex criminal and national security trans-national files. But we have these two decisions that have tied our hands behind our backs to deal with this stuff.
We have a dumpster fire of a neighbour who insists that their citizens' propensity to snort, inject, smoke, lick, inhale, drink, rub, and otherwise consume every upper, downer, hallucinogen, and combination thereof known to nature and chemistry is somehow other countries' problem and is regrettably powerful enough and uncouth enough to not simply get told to do one when they whine about the drug industry meeting US citizens' desire to alter their minds.
Plus banking regulatory enforcement with teeth as well as CRA forensic investigations. International money laundering is massively complex, as you are well aware, and the state needs to employ highly trained and highly skilled staff, and pay them well to keep them. The skill sets are both in forensic accounting as well as computer technology.
There is reasonable ground between something out of Les Miserables and 'won't somebody please think of the children'. People forget that, prior to the Charter and its rulings, we had a fair and reasonable criminal justice system. Although it is merely an 'investigative tool', it is often felt in jest (or derision) that the amount of evidence you need to swear before a justice to get an Information to Obtain a Search Warrant is such that you really don't need the warrant in the first place to make your case. I'm sure @brihard experiences something similar with authorizations. Warrant and authorization writing is now a specialty.
U.S. prosecutors are more actively involved in guiding investigations. They’ll help with investigative strategy, and of course they have the Grand Jury system of compelled testimony that we completely lack.
Sorry, missed this. Yeah, it’s definitely a specialty. Lots of officers avoid writing authorizations. Some of us do a week long warrant writing course, and a scant few of us do the wiretap writing course - toughest cop course I’ve ever taken, but great learning, personally I really enjoy writing, but I’m a weirdo. My office has a couple full time warrant writers who do the most complex intercept applications. I could see myself liking that, though I’m not sure I’ll cut the mustard to get a spot. Those guys are girls are GOOD.
David Milgaard, Donald Marshall Junior and others might disagree with the characterization of the pre-Charter system, where, for example, informants were paid for testimony and those payments not disclosed to defendants as "fair and reasonable".
Good point, and some countries have 'investigative judges'; although I'm not clear on the details.
Dark spots for sure, but no system of people judging people is going to be absolute. The best we can hope is effective guardrails on the power of the State, but the guardrails shouldn't be roadblocks. If people want law enforcement to be done in a glass house, crimes like money laundering and security offences will get the best of us.