Arrest and Detention: Difference between revisions
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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|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 {{CanLIIRP|Schrenk (CA)|29ft9|2010 MBCA 38 (CanLII)|255 Man.R. (2d) 12}}{{perMBCA|Steel JA}}<br> | 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> | {{CanLIIRP|Amofa (R.)|flb79|2011 ONCA 368 (CanLII)|282 OAC 114}}{{perONCA|Blair JA}}{{atL|flb79|19}}<br> | ||
</ref> | </ref> | ||
; State Agency | ; 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> | {{CanLIIRP|Dell|1l5rs|2005 ABCA 246 (CanLII)|199 CCC (3d) 110}}{{perABCA|Fruman JA and Cote JA}}<br> | ||
Revision as of 11:30, 1 March 2023
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
- Investigative Detention
- Warrant Arrests
- Warrantless Arrests
- Arrest Procedure
- Exclusion of Evidence Under Section 24(2) of the Charter
- Waiver of Charter Rights
- Initial Post-Charge Detention