Does the arrest of an accused for robbery constitute the beginning of time?
British Columbia, Canada
The following excerpt is from R. v. Ferris, 2010 BCPC 365 (CanLII):
Furthermore, sight must not be lost of the fact that, in the case at bar, the accused was arrested for robbery on October 16, 1986, and even though he was not formally charged at that point, the very arrest marks the beginning of time insofar as the Charter is concerned: Mills v. The Queen (1986), 1986 CanLII 17 (SCC), 26 C.C.C. (3d) 481 at 559 (S.C.C.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a police officer have a duty on the accused to advise the accused of a criminal offence of not seeking counsel for a second time when new circumstances arise indicating that the accused is a suspect for a different crime than was the first warning? (British Columbia, Canada)
Does an arresting officer need to establish that the accused has no defence to the charge of assault before making an arrest? (British Columbia, Canada)
Does a discount for time served under section 344(a) of the Criminal Code apply to time served time served? (British Columbia, Canada)
When placed under arrest for refusing to provide a breath sample, what are the Charter breaches alleged by the accused against the accused? (British Columbia, Canada)
What is the case law in favour of reducing the amount of time a minority-time parent has to spend with her child under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
What is the limitation on charter rights of the accused in the context of a conservation officer's interview with the accused? (British Columbia, Canada)
Does a search incidental to arrest include a search of the vehicle of the accused? (British Columbia, Canada)
What is the critical time for a minority-time parent to access a child? (British Columbia, Canada)
Does time run from time running from the alleged contravention of a discrimination notice in May 2015? (British Columbia, Canada)
In assessing the evidence of the accused, does the accused have bad character? (British Columbia, Canada)
