What is the definition of a "detention" under section 19 of the Charter?
Ontario, Canada
The following excerpt is from R. v. Edwards, 2011 ONCJ 44 (CanLII):
[24] In Regina v. Mann the court stated: 19 “Detention” has been held to cover, in Canada, a broad range of encounters between police officers and members of the public. Even so, the police cannot be said to “detain”, within the meaning of ss. 9 and 10 of the Charter, every suspect they stop for purposes of identification, or even interview. The person who is stopped will in all cases be “detained” in the sense of “delayed”, or “kept waiting”. But the constitutional rights recognized by ss. 9 and 10 of the Charter are not engaged by delays that involve no significant physical or psychological restraint.
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