Index

• Author: Steve Coughlan/Glen Luther
• Profession: Professor, Schulich School of Law, Dalhousie University/Associate Professor, College of Law, University of Saskatchewan
• Pages: 439-446

439

INDEX

For individual cases, please see the Table of Cases, included in this volume. Entries in

italics indicate a table.

Abuse of power, 27–31

Ancillary powers doctrine, 18–24

Appearance notices

after arrest, 191

failure to appear, 232–33

issuing of, 228

overview, 184, 185, 192–94

time limitations and guidelines, 232–34

Arbitrary detention. See also Release with-

out unreasonable delay; Unlawful

detention and arrest

allowance of, 153

brief investigatory detentions, 154–56

Charter, impact of, 296–99, 320–21

Code, section 28, 41

def‌inition, 325, 327–28

evaluation, 324–29

motor vehicle stops, 173n170

peace ocers and, 265–66

prevention of, 212

psychological detention, 303–4, 305–7,

333

R v Clayton, 173–74, 174n171

racial prof‌iling and, 311–12, 326–28,

331–32

reasonable manner of detention, 329–32

resistance and submission, 316–20

test for legal authorization, 322–24

unlawful versus arbitrary, 322n81, 323

warrentless arrest and, 195

words of arrest and, 258–59

Arrest, powers of. See also reasonable

belief, requirements and standards;

Search incident to arrest

agents of police, 93, 94

ancillary powers doctrine, 24

breach of the peace, 24

Charter, impact of, 8–12, 296–97

Code, impact of, 219–21

common law, 268n312

de facto arrest, 260, 261–63

def‌initions and conf‌lict, 3–4, 252–55

f‌inds committing, 107, 272–76, 277–78

limitations, 192–93

limitations and execution of duty,

219n129

overview, 252–53, 267–69

peace ocers, 264–67

pre-Charter, 6–8

statutory basis, 12–18

terrorist activity, 134

touching with a view to detention, 255–56