What is the current state of the law on investigative detention?

Alberta, Canada


The following excerpt is from R. v. Godwin, 2003 ABPC 142 (CanLII):

I accept that such extremes may occur, but the point is that investigative detention is not an arrest or detention for reasonable and probable grounds and must not be seen or used by the police as a mechanism to make arrests under the guise of investigative detention. The balance struck between police powers and individual liberties puts a premium on individual liberty despite the fact that it makes peacekeeping more difficult for the police. Police actions cannot be justified or authorized just because what they are doing is likely to lead to better crime control and public safety. (See: City of Indianapolis v. Edmond, 531 U.S. 32 (2000)) Such an approach would surely lead to a police state where police actions would have no standards to meet.

Other Questions


What is the current state of the law on s. 7 protection against police tricks in the pre-detention period? (Alberta, Canada)
What is the current state of the law on self-help remedies? (Alberta, Canada)
What is the current state of the law in this jurisdiction? (Alberta, Canada)
What is the current state of the law in Canada with respect to oppression remedies? (Alberta, Canada)
What is the current state of the law in Canada on medical malpractice? (Alberta, Canada)
What is the current state of the law on cruel and unusual punishment? (Alberta, Canada)
What is the current state of the law on affidavit of records? (Alberta, Canada)
What is the current state of the law on shared parenting? (Alberta, Canada)
What is the test for understanding the purpose of an investigation, apprehension or detention? (Alberta, Canada)
What is the current state of the law in Canada on the issue of anti-abortion sit-ins? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.