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Police Powers and Investigative Detention

The police may approach you for questioning in a variety of situations. You may be walking down the street, hanging out at school or even driving in your car. It is important to know when the police can lawfully detain you for questioning. Section 9 of the Charter of Right and Freedoms protects your right to be from arbitrary detention. Although you may think you’re being detained every time an officer stops you, not every stop will legally amount to a detention. Therefore, it is important to know what constitutes “detention”. The Supreme Court of Canada in 2009 defined detention as a suspension of an individual’s liberty interest by a significant physical or psychological restraint. Psychological detention arises when the individual has or reasonably believes they have the legal obligation to comply with restrictive requests or demands of an officer. In that case, three Toronto police officers were patrolling a…

28 May 2010

The Canadian Charter of Rights and Freedoms...

25 May 2010

There are two essential stages to any challenge under the Canadian Charter of Rights and Freedoms. In the first stage, the claimant, working with his or her criminal defence lawyer,…

Section 1 of the Canadian Charter of Rights...

20 Apr 2010

There are two essential stages to any challenge under the Canadian Charter of Rights and Freedoms. In the first stage, the claimant, working with his or her criminal defence lawyer,…

Section 11 of the Canadian Charter of Rights...

9 Apr 2010

Section 11 of the Charter guarantees every individual certain rights when they are charged with a criminal offence. Section 11 applies to all types of offences (criminal, quasi-criminal, and regulatory…

Long Term Offender Designation

13 Mar 2010

Bill C-55, which came into force on August 1st, 1997, made significant changes to Canada’s Dangerous Offender legislation. This legislation allows the government of Canada to detain indefinitely those offenders…

Prostitution Laws – Toronto, Ontario and...

8 Mar 2010

There is no explicit prohibition against “prostitution” in the Criminal Code of Canada. In other words, the specific act of engaging in sexual activity for money or any other form…

How to Choose a Criminal Lawyer in Toronto

25 Feb 2010

None of us want to be in such a situation, but if you are accused of a crime for any reason, the first thing to do is hire a good…