Arrest and Detention: Difference between revisions
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[[Fr:Arrestation_et_détention]] | |||
{{currency2|January|2016}} | |||
{{LevelOne}} | {{LevelOne}} | ||
{{HeaderArrest}} | {{HeaderArrest}} | ||
==Introduction== | ==Introduction== | ||
The police powers of detention and arrest are some of the most important powers available to a peace officer in their investigation of criminal activity. It is also some of the most invasive powers upon a person's liberty | The police powers of detention and arrest are some of the most important powers available to a peace officer in their investigation of criminal activity. It is also some of the most invasive powers upon a person's liberty. | ||
That being said, the law should not "unduly hamper" the police in criminal investigations.<ref> | |||
{{CanLIIRP|Hart|fsr1k|2012 NLCA 61 (CanLII)|}}{{perNLCA|Barry JA}} appealed to [http://canlii.ca/t/g88cp 2014 SCC 52] (CanLII){{perSCC-H|Moldaver J}} | |||
</ref> | |||
; Distinction Between Detention and Arrest | |||
The transition from investigative detention to arrest and search is a fluid and dynamic process in situations such a traffic stop. It is not to be segmented into discrete parts.<ref> | The transition from investigative detention to arrest and search is a fluid and dynamic process in situations such a traffic stop. It is not to be segmented into discrete parts.<ref> | ||
see | see {{CanLIIRP|Schrenk (CA)|29ft9|2010 MBCA 38 (CanLII)|255 Man.R. (2d) 12}}{{perMBCA|Steel JA}}<br> | ||
{{CanLIIRP|Amofa (R.)|flb79|2011 ONCA 368 (CanLII)|282 OAC 114}}{{perONCA|Blair JA}}{{atL|flb79|19}}<br> | |||
</ref> | </ref> | ||
; State Agency | |||
The law relating to detention and arrest concerns the conduct of peace officers. | |||
Arrest and detention by private security on the basis of committing a criminal offence and then delivery to the police does not amount to state conduct.<ref> | Arrest and detention by private security on the basis of committing a criminal offence and then delivery to the police does not amount to state conduct.<ref> | ||
{{CanLIIRP|Dell|1l5rs|2005 ABCA 246 (CanLII)|199 CCC (3d) 110}}{{perABCA|Fruman JA and Cote JA}}<br> | |||
See also [[Charter Applications#State Agent]] | See also [[Charter Applications#State Agent]] | ||
</ref> | </ref> | ||
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==Topics== | ==Topics== | ||
These topics cover not only the powers of police to detain or arrest, but also the right a person has when the police engage in such conduct and remedies for breaches of those rights. | |||
* [[Investigative Detention]] | * [[Investigative Detention]] | ||
* [[Warrant Arrests]] | * Arrest | ||
* [[Warrantless Arrests]] | ** [[Warrant Arrests]] | ||
* [[Arrest Procedure]] | ** [[Warrantless Arrests]] | ||
** [[Arrest Procedure]] | |||
* [[Exclusion of Evidence Under Section 24(2) of the Charter]] | * [[Exclusion of Evidence Under Section 24(2) of the Charter]] | ||
* [[Waiver of Charter Rights]] | * [[Waiver of Charter Rights]] | ||
Latest revision as of 07:04, 23 July 2024
| This page was last substantively updated or reviewed January 2016. (Rev. # 95666) |
Introduction
The police powers of detention and arrest are some of the most important powers available to a peace officer in their investigation of criminal activity. It is also some of the most invasive powers upon a person's liberty.
That being said, the law should not "unduly hamper" the police in criminal investigations.[1]
- Distinction Between Detention and Arrest
The transition from investigative detention to arrest and search is a fluid and dynamic process in situations such a traffic stop. It is not to be segmented into discrete parts.[2]
- State Agency
The law relating to detention and arrest concerns the conduct of peace officers. Arrest and detention by private security on the basis of committing a criminal offence and then delivery to the police does not amount to state conduct.[3]
- ↑ R v Hart, 2012 NLCA 61 (CanLII), per Barry JA appealed to 2014 SCC 52 (CanLII), per Moldaver J
- ↑
see R v Schrenk (CA), 2010 MBCA 38 (CanLII), 255 Man.R. (2d) 12, per Steel JA
R v Amofa (R.), 2011 ONCA 368 (CanLII), 282 OAC 114, per Blair JA, at para 19
- ↑
R v Dell, 2005 ABCA 246 (CanLII), 199 CCC (3d) 110, per Fruman JA and Cote JA
See also Charter Applications#State Agent
Topics
These topics cover not only the powers of police to detain or arrest, but also the right a person has when the police engage in such conduct and remedies for breaches of those rights.
- Investigative Detention
- Arrest
- Exclusion of Evidence Under Section 24(2) of the Charter
- Waiver of Charter Rights
- Initial Post-Charge Detention