CRM 2305 Lecture Notes - Lecture 7: No Age, Grievous Bodily Harm, Situation Two
7 Jan 2015
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Document Summary
Always be tension between need to maintain order and rights of citizens: question of how to balance it arises, difficulties, people who come into contact with the police are unaware of their rights. Charter and police powers: police derive their authority from criminal code and provincial statutes, criminal code authority, arrest sect. Charter implications of police: has impacted the definition of police powers, limited the scope of some of them, given new powers, sect. If force by necessary: specific powers are constantly evolving due to court decisions and changes in legislations, view that they"re in favour of police. Immediately apparent that the object is evidence of a crime: search the person or surroundings for self-protection or to prevent destruction of evidence. Use of force: police should use physical force only to the extent needed to ensure compliance with the law or restore order only after persuasion, advice or warnings are insufficient.
