J
John Caldwell
John R.W. Caldwell is a Crown counsel with the Criminal Appeals group of the British Columbia Ministry of the Attorney General in Vancouver.
2
APPEARANCES
2
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Oct 9, 2026
His Majesty the King v. Abdel Karim Chemlal (41766)
S
132:09speaker_10PANELIST
John Cald- John Caldwell.
J
132:15John CaldwellGUEST
Uh, the AGBC is taking the position that, uh, the McDonald, uh, standalone safety power, uh, safety search power, uh, should be, uh, clarified, uh, and the McDonald case should be, uh, essentially distinguished from, uh, typical searches, uh, under Mann incidental to investigative detention, as well as a situation, uh, in a public place where an officer has a reasonable suspicion of possession of a weapon, uh, but the person is not yet detained.
J
132:53John CaldwellGUEST
The, um, the, uh, AGBC, uh, emphasizes the long line of case law, uh, from the Court of Appeal for British Columbia, uh, that has recognized the importance of officer safety.
J
133:08John CaldwellGUEST
Uh, in particular, it has also recognized a series of cases that there doesn't have to be a, uh, an overt, uh, indication of violence, uh, from, uh, a detained suspect in that context before, uh, reasonable suspicion, uh, for a, uh, uh, a search for officer safety, uh, can, uh, be justified.
J
133:32John CaldwellGUEST
Uh, one of the, the concerns besides the potential for confusion, um, with using a term like imminent and particularly a requirement for imminent harm, uh, is that i-in the AGBC's submission, that is inimical to, uh, the understanding of, uh, what is to be accomplished from, uh, searches, uh, under Mann.
J
133:57John CaldwellGUEST
Uh, and the imminent harm, uh, requirement, uh, in the AGBC's, uh, submission is, is something that should be confined to, uh, a situation like, uh, McDonald, where there's a home, there's private property.
His Majesty the King v. Abdel Karim Chemlal (41766)
S
132:09speaker_0NARRATOR
John Cald- John Caldwell.
J
132:15John CaldwellGUEST
Uh, the AGBC is taking the position that, uh, the McDonald, uh, stand-alone safety power, uh, safety search power, uh, should be, uh, clarified, uh, and the McDonald case should be, uh, essentially distinguished from, uh, typical searches, uh, under Mann incidental to investigative detention, as well as a situation, uh, in a public place where an officer has a reasonable suspicion of possession of a weapon, uh, but the person is not yet detained.
J
132:53John CaldwellGUEST
The, um, the, uh, AGBC, uh, emphasizes the long line of case law, uh, from the Court of Appeal for British Columbia, uh, that has recognized the importance of officer safety.
J
133:08John CaldwellGUEST
Uh, in particular, it has also recognized a series of cases that there doesn't have to be a, uh, an overt, uh, indication of violence, uh, from, uh, a detained suspect in that context before, uh, reasonable suspicion, uh, for a, uh, uh, a search for officer safety, uh, can, uh, be justified.
J
133:32John CaldwellGUEST
Uh, one of the, the concerns besides the Potential for confusion, um, with using a term like imminent and particularly requirement for imminent harm, uh, is that i-in the AGBC's submission, that is inimical to, uh, the understanding of, uh, what is to be accomplished from, uh, searches, uh, under Mann.
J
133:57John CaldwellGUEST
Uh, and the imminent harm, uh, requirement, uh, in the AGBC's, uh, submission is, is something that should be confined to, uh, a situation like, uh, McDonald, where there's a home, there's private property.
29 MINS LATER
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162:56speaker_0NARRATOR
[clears throat] Madame Fernando Belton.