Initial Post-Charge Detention: Difference between revisions
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{{seealso|Release by Police on Undertaking|Continued Detention After Appearing Before a Justice}} | {{seealso|Release by Police on Undertaking|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.<ref> | 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.<ref> | ||
{{CanLIIRP|Grant|24kwz|2009 SCC 32 (CanLII)|, [2009] 2 SCR 353}}{{perSCC|McLachlin CJ and Charron J}}{{atL|24kwz|54}} (“[A] detention not authorized by law is arbitrary and violates s. 9 [of the Charter]”)</ref> | |||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 22:30, 11 November 2020
General Principles
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]
- ↑ 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]”)