POLSCI 3NN6 Lecture : lecture 23.docx

• School: McMaster University
• Department: Political Science
• Course: POLSCI 3NN6
• Professor: Greg Flynn

Document Summary

Section 10: if you have not been arrested or detained you do not receive these rights: arrest of detained: R v. therens (1985): restraint on liberty in the obvious form of physical restraint. Also where an agent of the state assumed control by demand or direction which . May have significant legal consequences and prevent access to council: extent of application: R v. m (m. r. ) (1998): circumstances that are coercive in nature strict interpretation: lessen with agents of state, non-traditional, dealing with minor: 13 high school accused pot dealer. Surrounded him and took his back-pack, found drugs, called police and charged with possession and intent to traffic: argued detained could not access council. 10(b) not intended to apply to teachers and students. Inappropriate and could lead to absurd results: reasons for arrest / detention: R v. smith (1991): must know why you are being detained. Smith shot a man, police arrested saying he was detained for a shooting.