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E133| To arrest or not (2) arrest? That is the question.
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In this episode, Mike discusses the Supreme Court of Canada decision R. v. Carignan, 2025 SCC 43 where a police officer arrested a man under s. 495 of the Criminal Code. At trial, in the Court of Quebec, the man wanted a voir dire held to determine the lawfulness of his arrest because — he claimed — the police did not comply with s. 495(2) and he sought the exclusion of an incriminating statement he made to police under s. 24(2) of the Charter. But the judge refused to hold a voir dire, concluding s. 495(3) rendered an arrest…
The skinny
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