DETENTION AND ARREST CASELAW

2019 saw some interesting developments in the area of detention and arrest. In R. v. Fournier, 2019 ABCA 265 a conviction was upheld in a case where a pat-down search was completed in an ASD demand case. In R. v. McCormack, 2019 NLSC 218 an acquittal was upheld in a case where a suspect was placed into a locked police car prior to the officer forming the grounds to make an ASD demand. As always, each case turned on its own facts: The individual factual circumstances in each case will govern whether a safety pat down search is warranted in the context of a detention for a roadside ASD test, or whether the search is in breach of s 8 of the Charter.

All police officers and counsel should read Kosoian v. Société de transport de Montréal, 2019 SCC 59 (the escalator handrail arrest case): Police officers are obliged to have an adequate knowledge and understanding of criminal and penal law, of the offences they are called upon to prevent and repress and of the rights and freedoms protected by the Charter.