Reviewing Fleming v Ontario
Canada is a free and democratic society. Every Canadian is afforded protection of a number of rights and freedoms under the Canadian Charter. However, the administration of criminal justice often infringes upon these rights, particularly the right to liberty. Through both statute and common law, police are afforded the power to enforce order through lawful detention of individuals to promote the safety of Canadian society.
Fleming v Ontario 2019 SCC 45: Ancillary Powers Doctrine and the Right to Protest
The ancillary powers doctrine arises in Canadian law in R v Dedman which states that “statute law is not the only source of legal authority for police powers and that in particular circumstances, the common law may “provide a legal basis for carefully defined powers.”
