Foreword

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

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FOR E WOR D

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

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

of the importance of arrest and detention in the relationship between

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

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

with an interest in this area of law, the intervening six 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 jurisprudential spheres. As before, it explores the

balance between legitimate law enforcement and the freedom of cit-

izens to privacy and respect for their autonomy. It also addresses 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, in a pluralistic society, the

extent to which minority groups are disproportionately the subject of

attention by the police and other state authorities.

The structure of the book remains much the same in this edition.

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

detention, arrest, and compelling appearance; and Chapter 5 with the

effects that the Charter has had in these areas of the law.

The revised Chapter 2 remains a lucid explanation of the various

powers to detain and arrest, 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 critical of the tendency