Last Updated: 3/21/14 4:50 PM
C LASS N OTES FOR : POLI SCI 3NN6
McMaster University, Winter 2014
T HURSDAY , M ARCH 13, 2014
EXAM STYLE QUESTION
If silent consider, if not then do not consider it
1. Does the charter apply?
b. Notwithstanding clause has not been used, therefore charter applies.
2. Section 10
a. Arrested or detained
i. R.V. Therens
1. Physical restraint on Liberty or assumes control over movement, but
impedes access to counsel
2. Why do you think there was a physical restraint? He was under the
impression that he did not have another option. If he was detained, have
his rights been violated.
b. The right to be informed or the right to counsel
c. Anything before Reggie was actually arrested, is what you are t rying to protect. It’s the
statements between the time that he was stopped and arrested. As a lawyer trying to
exclude the drug statement.
d. Does it go beyond the investigatory purposes?
e. If the police officer knows that he is going to arrest the individual , then he should provide
REASON and ACCESS to counsel.
Did the individual have an expectation of privacy? Yes
1. Authorized by law (HUNTER V. SOUTHAM)
a. Obtained in advance
b. Judicial impendent officer
c. Reasonable ground that there is criminal offense