Foreword

• Author: Tim Quigley
• Profession: Professor of Law (Emeritus) College of Law, University of Saskatchewan
• Pages: 11-12

xi

FOR EWORD

In writing forewords to the f‌ir st and second editions of Detention an d

Arrest , I commented on the relevance and importance of the book

because of the importa nce of the concepts of both detention and arrest

in Canadian criminal procedure. That importance remains for this,

the third edition, and t he new edition brings both the legi slative and

jurisprudential frameworks to their cur rent level. Detention and arrest

both require balanci ng of fair and constitutional police conduct and

the autonomy and privacy interests of all members of Canadian society.

Moreover, it is vital that Canadia n laws on detention and arrest address

such issues as the potential for excessive force, uncertainty about the

reach of police powers, and, even more important, the is sue of whether

police conduct is disproportionately focused on minority groups such

as Indigenous or African Canadians.

The structure of the book remain s the same in terms of t he topics

that are discu ssed. In Chapter 2, the new content includes a discussion

of Fleming v Ontario1 and the controversial ancillary powers doctrine

by which the courts recogni ze common law police powers. The chapter

also has an expanded treatment of racial prof‌iling based on R v Le2 and

the subsequent caselaw and expert reports, and di scusses searches of

the person as an incident of lawf ul arrest. The latter subject is discussed

in light of the decision in R v Stairs.3 Unfortu nately, at time s, some

1 2019 SCC 45.

2 2019 SCC 34 [Le].

3 2022 SCC 11.