Latest / Legal Issues In Policing
E18| Detain. Or detain not. There is no try.
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In this episode, Mike discusses a question he was asked recently and uses the Saskatchewan Court of Appeal decision R. v. Ratt, 2020 SKCA 19 to inform his response. Police officers, and judges, must be careful not to confuse or conflate what justifies an investigative detention or arrest with what constitutes detention or arrest in the first place. An officer’s intention to detain or arrest is not determinative of whether a detention or arrest in law has occurred. The relevant time to determine whether the requisite subjective…
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