Initial Post-Charge Detention

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General Principles

See also: Release by Police on Undertaking and Continued Detention After Appearing Before a Justice

Holding a person in custody when it is not prescribed by the provisions of the Criminal Code would be a violation of s. 9 of the Charter.[1]

  1. R v Grant, 2009 SCC 32 (CanLII), [2009] 2 SCR 353, per McLachlin CJ and Charron J, at para 54 (“[A] detention not authorized by law is arbitrary and violates s. 9 [of the Charter]”)

Duty to Take Detainee to a Judge

Out of Province Warrantless Arrests

See Also