In a previous article, authorities and limitations were explained, so related to that, we will look at some Rights as guaranteed by the Canadian Charter of Rights and Freedoms in the context of policing.
There are many key sections within this act related to policing and the legal system.
Read more: Learning council celebrates 50 years
For now, section 10 will be the focus as police are required to address it every time someone is arrested or detained.
Detention is similar to arrest, but in essence, it’s when a person’s liberty is meaningfully constrained. Most often detention is used when the threshold for arrest cannot be met but there is a reasonable explanation to detain them. To detain someone is to not allow them to leave while not actually arresting them. Please note though, a traffic stop by an officer does not meet this definition of this specific detention type. However, if the officer begins a criminal investigation where the person has criminal jeopardy, then this may be considered detention.
Unfortunately, many people that police deal with upon detention or arrest try to intimidate the officer hoping to gain an advantage. “I know my Miranda rights and you can’t do that” is a comment officers have heard. This is an unfortunate rights misconception derived from US based tv shows and movies that people equate to real life in Canada.
Our criminal offenses are not Misdemeanor and Felony, but rather Summary and Indictable. It is important that anyone detained or arrested in Canada understand that police are required to facilitate the exercising of their rights. A violation of a person’s rights by police can lead to any subsequent charges being withdrawn as the exercising of those rights is paramount within the legal process so it is in law enforcement’s best interest to ensure upholding those rights.
In Canada, upon arrest or detention, police are required to: promptly inform the individual of the reason for it; inform the individual they have an immediate right to speak with legal counsel (aka a lawyer) and to facilitate it if requested; and have the validity of the detention or arrest determined by bringing that person before a court or judge.
Typically, the facilitation of having the individual retain and instruct counsel, is done in private when the person is brought back to a detachment. Officers generally can’t guarantee the person privacy while on scene but we do have rooms where the individual can call a lawyer in private to receive legal advice.
An instance where an individual may be detained would be if a break and enter was reported at 3 in the morning in an industrial area and a person is located near the scene. Police may not have a description of the perpetrator, but it is reasonable to hold this person to allow further investigation to take place.
This area of policing is again not always clear or cut-and-dried. In any instance, the totality of the situation including all related details will weigh on legalities and reasonableness.
– Staff Sgt. Jerry Nutbown, is the NCO in charge of the Lloydminster RCMP detachment’s General Investigation Section. Stay tuned for future articles from the Lloydminster RCMP.
This column was originally published in the Dec. 5, 2024, edition of the Meridian Source.
Read more: Budget revisions highlight lower tax rate
