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There are three conditions for issuing an appearance notice: (1) the peace officer must have reasonable grounds to believe that a person has committed a summary conviction offence, a hybrid offence, or an offence within the absolute jurisdiction of a judge of a Provincial Court, [17] (2) be satisfied on reasonable grounds that an arrest is not ...
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 ...
R v Storrey [1990] 1 S.C.R. 241 is a leading decision of the Supreme Court of Canada on the authority of police officers to make arrests. In addition to an officer's subjective belief that there are reasonable and probable grounds for arrest, the Court stipulated the grounds must be objectively justifiable.
Section 10(a) requires that a person who is arrested or detained must be told why. [1] In R. v. Latimer (1997), the Supreme Court of Canada considered an argument in which a person, Robert Latimer, was told he was being "detained", but was not told he was being "arrested" and could be charged with the murder of his daughter. The Court found ...
R v Mann is a 2004 decision of the Supreme Court of Canada.. The court held that although there is no general power of detention for investigative purposes, police officers may detain an individual if there are reasonable grounds to suspect in all the circumstances that the individual is connected to a particular crime and that the detention is reasonably necessary on an objective view of the ...
Sopinka first considered the leading case of R. v. Landry [1986] on warrantless arrests in a dwelling, which held that a police officer could only arrest if there are "reasonable and probable grounds" to believe that the person is on the premises, the proper announcement is made before entering, and that the officer reasonably believes that the ...
An accused person may be arrested without warrant where a peace officer believes on reasonable grounds that the accused has failed to comply with a condition or by warrant. An accused arrested for an alleged breach will be detained in custody pending a hearing to determine whether a breach occurred. The accused may apply for bail pending the ...
In R v Grant (1990), it was found that random stops by police, authorized by statute, were in violation of section 9 but were justified as a reasonable limitation under section 1 of the Charter. Likewise, in R. v. Ladouceur (1990) highway stops were found to be arbitrary where absolute discretion was given to the police.