Is there a violation of the accused’s Charter right to be detained by the police?

Nova Scotia, Canada


The following excerpt is from R. v. Clarke, 2010 NSPC 93 (CanLII):

The accused was detained by the police. The detention was based upon the officer’s lawful authority to arrest the accused and was, therefore, not arbitrary. Had I found the arrest unlawful, given my view of the facts there would not necessarily have been a finding that the detention was arbitrary as per R v. Brown, supra. I find that there was not a violation of the accused’s section 9 Charter right.

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