Arrest and Detention
| 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