Apr 16
Charter Rights: What is Search Incident to Arrest?
Search incident to arrest is a legal doctrine that allows police officers to conduct a search of an arrested person and the surrounding area without a warrant. It is not an automatic right for law enforcement officers.
Apr 16
Charter Rights: Detention
A police interaction can turn into a detention when a person’s freedom of movement is restricted or restrained by the police, even if it is only temporarily. A detention occurs when a reasonable person in the individual’s circumstances would feel that they are not free to leave. This means that a person does not have to be physically restrained or placed in handcuffs to be considered in detention. If the police use their authority to restrict a person’s freedom of movement, either through physical force, verbal commands, or by creating an intimidating or coercive environment, then it could be considered a detention.
Apr 16
Charter Rights: Consent Search
If you voluntarily give your consent for the police to search a location (such as your vehicle) or your cell phone, they can do so without a warrant.
Apr 10
Charter Rights: What is the Right to Silence?
The right to silence is a legal principle that allows an individual who has been arrested or detained to remain silent and not incriminate themselves during questioning. This right is protected by ss. 7 and 11(c) of the Canadian Charter of Rights and Freedoms.
Apr 10
Charter Rights: What is a Reasonable Expectation of Privacy?
In Canada, the reasonable expectation of privacy is a legal concept that is protected by s. 8 of the Canadian Charter of Rights and Freedoms. This section guarantees the right to be secure against unreasonable search or seizure.
