The Pitfalls of the SCC’s use of the Waterfield test to Justify New Common Law Police Powers
Within Privacy in Peril, Jochelson and Ireland argue how the Waterfield[2] test has allowed the Supreme Court of Canada to justify new police powers through the common law. It will be argued that while the court has given the police new powers in order to justify intrusions into individual’s privacy, there are also concerns that the court had to assess when determining whether to grant police more powers of search and seizure.
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.”
