Can supervision of a person under arrest including supervision while using the washroom constitute treatment?
Saskatchewan, Canada
The following excerpt is from R. v Hollinger, 2004 SKPC 125 (CanLII):
In Weatherall v. Attorney General of Canada, [1987] F.C.J. No. 519 (F.C.C.T.D.), strip searching of inmates was found to be “treatment” within the meaning of section 12. This suggests a broad definition for the term. As a result, I have no doubt that supervision of a person under arrest, including supervision while using washroom facilities, constitutes “treatment” within this section.
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