POLSCI 3FR3 Lecture Notes - Lecture 11: Homicide
15 May 2018
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Monday, March 26, 2018
3RF3 Charter of Rights and Freedoms
Section 10 Rights on Arrest and Detention!
-10. Everyone has the right on arrest or detention:!
•To be informed promptly of the reasons therefor; and !
•To retain and instruct counsel without delay and to be informed of that right and to
have the validity of that detention or arrest to be determined by way of habeas
corpus and to be released if the detention is not lawful!
-writ of habeas corpus is to literally present the body, intending to avoid people
disappearing forever, ask, is their detention lawful !
-More important: reasons for detention and right to counsel !
-Scope!
•Everyone (Canadian citizen, on Canadian land)!
•Not corporations !
•Section 33 (notwithstanding, meaning if the state wants to arbitrarily detain us, it
can do so, just invoke the notwithstanding clause, (for ex. series of terrorist attacks
invoke notwithstanding to detain individuals beyond normal, threat may be likely
cause of detaining people without cause)) !
•Section 1 (justified under section one means your right can be violated)!
•Also, have to be arrested or detained to be under sec 10, doesn’t come into effect
until that point!
-What does that mean?!
•Arrest is when police officer says arrest, detain usually involves some kind of
compulsion or deterrence by police, unless reasonable and probable grounds
to believe detention is necessary there is no right of a police officer to answer
questions !
•R. v. Therens, 1985!
-Detention included restraint on liberty in the obvious form of physical
constraint, but also when an agent of the state assumed control over the
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Monday, March 26, 2018
movement of a person by dean or direction which may have significant legal
consequences and which prevents or impedes the right to counsel !
-breath sample requested of drunk driver, he lets it happen!
-Motor vehicle while impaired!
-driving over legal limit!
-failure to provide breath sample (if you say no, committed criminal offence)!
-All offences carry same penalty !
-Detainment: physical restraints, prevents or impedes access to counsel !
-Scales of detention !
•Psychological detention!
-R. v. Grant!
•Mr. Grant gets stopped by officer stepping in front of him after tip from other
officers earlier for suspicious behaviour !
•other officers surround him while he’s being questioned by officer in front of
him!
•While being questioned, Grant reaches either under jacket or into pocket and
officer says whoa hands in front at all times, badges are out !
•Grant says I have weed (excessive amount) and gun !
•arrested on the spot for possession with intent to traffic and a number of
firearms related offences!
•He argues that both search and statement should be excluded evidence basis
of violations of 8 9 and 10, all is included !
•court of appeal affirms admission of all evidence, but violation of rights under
sec 10, but 24 (2) says should be admitted in any event!
•SCC says 5-4 split, majority says admission of gun into evidence is good
because its in interest of justice, but exclude evidence of marijuana and
statement about marijuana on the basis that it would bring system of justice
into disrepute to include it!
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Document Summary
Writ of habeas corpus is to literally present the body, intending to avoid people disappearing forever, ask, is their detention lawful. More important: reasons for detention and right to counsel. Detention included restraint on liberty in the obvious form of physical constraint, but also when an agent of the state assumed control over the. %1 movement of a person by dean or direction which may have signi cant legal consequences and which prevents or impedes the right to counsel. Breath sample requested of drunk driver, he lets it happen. Failure to provide breath sample (if you say no, committed criminal o ence) Detainment: physical restraints, prevents or impedes access to counsel. Circumstances giving rise to encounter as reasonably perceived by the individual: police providing general assistance to public, where police are in context of maintaining order, voluntary questioning (i think, individual is being singled out for speci c investigation,
