CRIM 330 Chapter Notes - Chapter Disclosure and Discovery: Voir Dire, Polygraph, Duty Counsel
27 Apr 2017
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Area of law: arrests, firearms, right to counsel. Decision of court: appeal allowed on the trafficking charge + acquittal entered; appeal dismissed on other counts. Reasons for decision: trial judge found no charter breach + admitted firearm. There is also a s. 10(b) breach as the right to counsel arises immediately upon detention; the officers did not comply with s. 10(b) as they did not believe they had detained grant a) of b) c) Ratio decidendi: the test for detention is whether a reasonable person, placed in the position of the accused, would conclude that their right to choose how to act has been removed by the police, given their conduct. Dissenting reasons: [deschamps, j] - opposes majority; the seriousness of the offence + maintenance of public confidence is essential. Impact on the charter -protected interests of the accused. Detention + right to counsel: v. grant 66 c. r. (6th) 1, 245 c. c. c. (3d) 1, [2009] 2 s. c. r.
