Category: Charter Rights Police Powers

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Counsel of Choice

Counsel of Choice In a prior blog a wrote about cases that dissuade police agencies from “steering” detainees to speak with duty counsel (see for

Strip Searches and Charter Rights

Strip Searches engage important Charter Rights. The following cases shed some light on the constitutionality of strip searches. R. v. Golden 2001 SCJ No 81

Garofoli Procedure

Garofoli Procedure R. v. Burgher, [2014] O.J. No. 6449, 2014 ONSC 4527 PRE-TRIAL RULING THE PROCEDURE PURSUANT TO R. V. GAROFOLI Background: This is a pre-trial application on

Right to Counsel

Right to Counsel Implementational Duties   In considering right to counsel, R v Street, 2016 SKPC 7, provides interesting insight into the nature of implementational duties

Pretext Stops

The “real” reason for the stop (pretext stops) In Canada, Police are given generous police power when stopping motor vehicles. For example, they are allowed

Detention

Psychological Detention R. v. Wong 2015 OJ No 5049 The Canadian Charter of Rights and Freedoms says “everyone has the right on arrest or detention