AuthorTim Quigley
ProfessionProfessor of Law (Emeritus) College of Law, University of Saskatchewan
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
2 2019 SCC 34 [Le].

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT