LAWS 3307 Lecture Notes - Lecture 4: Indictable Offence, Arbitrary Arrest And Detention, Breathalyzer
Document Summary
Once a person is arrested everyone adult or youth has same rights; charter. Anybody can arrest another person if you feel they are committing an indictable offence like security guards, can arrest youths as well: limitations. They have to see it cant just suspect, have to watch you take it, try to walk away with it. Don"t have any provision for taking statements from youths. There are civil liabilities like if you try to take someone down and you hurt them they can sue you later. Section 8 unreasonable search and seizure breathalyzer technically a search. Section 9 right to arbitrary detention if im taking away your liberty it has to be for a lawful reason; cant detain without probable grounds. Section 10 rights to counsel first of all you have to be informed of why your being arrests, & have the right to retain and instruct counsel without delay.