Foreword

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

xi

FOR E WOR D

In the foreword that I wrote for the f‌irst edition of Detention an d Arrest, I

described its t iming as opportune for the Canadian legal system b ecause

of the importance of arre st and detention in the relationship between

citizens and police in a democr atic society. While this new edition is a

valuable resource for legal practitioners, academics, or indeed, anyone

with an interest in t his area of law, the intervening si x years since the

f‌irst edition have brought about much change to the legal processes

discussed i n this book. This edition brings the book up-to-d ate in both

the legislative and juri sprudential spheres. As before, it explores the

balance between legiti mate law enforcement and the freedom of cit-

izens to privacy and re spect for their autonomy. It also addresse s the

areas of concern: situations where the police have arguably resorted to

excessive force; uncertainty about police powers, particularly in assess-

ing whether a detention has occurred; and, i n a pluralistic society, the

extent to which minority groups are d isproportionately the subject of

attention by the police and other state authorities.

The structure of the book remain s much the same in this ed ition.

That is, Chapter 2 deals wit h police powers; Chapters 3 and 4 with

detention, arrest, and compelling appe arance; and Chapter 5 with t he

effects that the Char ter has had in t hese areas of the l aw.

The revised Chapter 2 remains a lucid explanation of the var ious

powers to detain and arre st, along with incidental powers and issues.

This chapter sets out both the statutory and common law bases for

these police powers. As before, the authors are cr itical of the tendency