WDW101Y1 Lecture Notes - Indictable Offence, Exigent Circumstance, Reasonable Suspicion
5 Feb 2013
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Document Summary
Polic can get warrant if they have rpg. Police can arrest w/t a warrant if they meet the criteria in s. 494 or s. 495 of the code. Powers of private citizens to arrest (without a warrant) are more limited. Taken into custody of police until release on some form of bail, or you"re charged. Something short of arrest, brief in duration, can be fore investigative purpose but it is not an arrest, lower threshold that police have to meet for detention to be valid which is Reasonable suspicion that something occurred for detention to be valid. Can be in the production physical or psychological restraint either will trigger rights under s. 10 of the charter. Articuable cause/reasonable suspcision, rpg, prima facie (some evidence on some elements), balance of probablitites (more likely than not), prove beyond a reasonable doubt. Section 8 everyone has the right to be free from unreasonable search and seizure , only protected against unreasonable searches.
