Foreword
Author | Tim Quigley |
Profession | Professor of Law (Emeritus) College of Law, University of Saskatchewan |
Pages | 11-12 |
xi
FOREWORD
In writing forewords to the first and second editions of Detention and
Arrest, I commented on the relevance and importance of the book
because of the importance of the concepts of both detention and arrest
in Canadian criminal procedure. That importance remains for this,
the third edition, and the new edition brings both the legislative and
jurisprudential frameworks to their current level. Detention and arrest
both require balancing 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 issue of whether
police conduct is disproportionately focused on minority groups such
as Indigenous or African Canadians.
The structure of the book remains the same in terms of the 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 discusses 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 Unfortunately, at times, some
1 2019 SCC 45.
3 2022 SCC 11.
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