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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 ...
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 ...
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 ...
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 The law repealed the Emergency Detention Act of 1950 provisioning the United States Attorney General with powers for detention of anyone in the US deemed to ...
The last edition of the RSO was dated 1990 pursuant to the Statutes Revision Act, 1989, consolidating the statutes in force prior to January 1, 1991. [3] More recently, acts have been consolidated on the e-Laws website, organized by reference to their existing citations in the Statutes of Ontario or Revised Statutes of Ontario. [4]
The OPB can grant, [5] deny, [6] revoke, and suspend parole under the Ministry of Correctional Services Act. Also, the Ontario Parole Board can also authorize the re-committal of parolees to custody, lift one's parole suspension, or cancel a temporary absence it has granted. [7] [8] Parole is a conditional release from a correctional ...
Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of departure.
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 ...