Lecture 5 Feb 9th 2012 WDW325H1 Professor Breese-Davies

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Woodsworth College Courses
David Davies

Recap from last week As soon as someone is arrested OR detained section 10b comes into play if they do not do this they risk breaching a second charter rightDetention R v Clayton 2006 SCC Facts 911 call about 4 black men with handguns outside a strip club Million Dollar SaloonCaller described 4 cars in the parking lotPolice set up perimeter surveillance o Decided to stop every car entering the strip clubPolice stopped a car black jaguar that entered the parking lot at the rear of the strip clubCar did not match description given by 911 callerOfficer ordered the driver Farmer out of the carAnother officer ordered the passenger Clayton out of the carClayton fled and was caught and found a firearmOfficers searched Farmer who also had a firearmSCC In determining the boundaries of police powers caution is required to ensure the proper balance between preventing excessive intrusions on an individuals liberty and privacy and enabling the police to do what is reasonably necessary to perform their duties in protecting the publicMost charter cases about striking a balance between restrictions on police powers and individual civil rights Issue was the initial stop and detention lawfulWaterfield Test 1 Were the police acting in the course of their duties when they detained Clayton and Farmer YES 2 Was the detention deprivation of liberty justified o Was this detention necessary for the police to carry out their dutiesTotality of the circumstancesare there reasonable grounds to suspect a nexus between the detainee and recentongoing crimeSeriousness of the offence o The more serious the offence the more easily the police are going to be able to justify intruding on someones privacy interests Murder is easier to justify the breach than a minor misdemeanor Information known to the police o At the point in time when they decide to detain someone
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