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In R. v. Simpson, the Ontario Court of Appeal found that police could not use their traffic stop powers as a pretext to detain an individual in the context of a criminal investigation. Simpson confirms that the power to detain for investigative purposes can only be exercised where there is "a constellation of objectively discernible facts which ...
The Non-Detention Act of 1971 is a United States statute enacted to repeal portions of the McCarran Internal Security Act of 1950, [1] specifically Title II, the "Emergency Detention Act". The law repealed the Emergency Detention Act of 1950 provisioning the United States Attorney General with powers for detention of anyone in the US deemed to ...
On 8 December 2015, the Ontario Association of Chief of Police's Board of Directors unanimously passed a submission on Proposed Regulations to the Police Services Act: "Collection of Identifying Information in Certain Circumstances – Prohibition and Duties" and Proposed Amendments to the Schedule to O.Reg. 268/10 (Code of Conduct). [106]
In R v Grant, the Supreme Court stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude ...
This act placed the onus for justifying an accused's detention on the prosecutor, gave police new powers to release persons charged with an offence prior to their coming before a justice, and created detailed procedures for bail reviews. [10] In 1982, the Canadian Charter of Rights and Freedoms enshrined the right to bail in the Canadian ...
Adult correctional facilities in Ontario are divided into four categories: correctional centres, jails, detention centres, and treatment centres. Some facilities are more than one type. Correctional centres house sentenced offenders who are serving a period of incarceration of up to two years, less a day.
(1) Detention causing personal harm is an act which is directed against such person as is committing or has committed a criminal offence. Criminal liability for this act shall not apply if the harm allowed to be effected to the person is not evidently disproportionate to the character of the offence, non-compliance or resistance.
The right to reasonable bail was examined in R. v. Morales (1992) when a person was denied bail under section 515 of the Criminal Code, which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused ...