User:Theageofelectric666

R. v. Grant - deals with Charter ss. 9, 10, 24(2)

Held: Detention is “suspension of liberty by significant physical or psychological restraint.”

Psychological detention occurs if: a) legal obligation to comply with restrictive demand/request exists; or b) reasonable person would conclude by reason of the state conduct that they had no choice but to comply.

For b) the court must consider: - circumstances of encounter: police providing assistance, maintaining order, inquiring into an occurrence, singling out the individual for focused investigation? - nature of the police conduct: language used, physical contact, place of interaction, presence of others, duration. - relevant characteristics of individual: age, size, minority status, intelligence.

Held: Grant was psychologically detained when officers blocked his path and said “keep your hands in front”. This amounted to an arbitrary detention and RTC ignored.

S24(4) - revised Collins/Stillman test 1) seriousness of charter-infringing state conduct 2) impact on charter-protected interests of A. 3) society’s interest in an adjudication on the merits.

R. v. Suberu

- followed the Grant ‘detention test’. - cops didn’t block him, allowed him to sit in the car, had a brief conversation. Held: cops can ask exploratory questions without there being a detention. - “without delay” means immediately for the purposes of s.10(b) - RTC - exceptions: justified by s.1 & officer/public safety.