CRMN 2010U Lecture Notes - Lecture 4: Arbitrary Arrest And Detention, Exigent Circumstance, Duty Counsel
8 Mar 2018
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Document Summary
The charter and investigation of crime: search and seizure; prohibition of arbitrary detention; right to counsel. Apprehension, investigation and prosecution of offenders serves the public good. Section 8 protection against unreasonable search and seizure. Section 9 protection against arbitrary detention. Everyone has the right not to be arbitrarily detained or imprisoned. Supreme court: the purpose of s. 9, broadly put, is to protect individual liberty from unjustified state interference. Section 10(b) of the charter: everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right. Practical questions: example of r v grant (scc, 2009) Police officers on patrol noticed a young black man mr grant (18 years old) - that behaved suspiciously. He stared at them in an unusually intense manner and fidgeted with his coat and pants. One officer came up to him and asked for his name and address.
