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.
R v Grant to R v Le: Psychological Detention - what has changed?
R v Grant was a case that outlined how to determine psychological detention and changed the analysis of evidence exclusion based on section 24(2) of the Charter. The recent Supreme Court case R v Le considered similar issues. This blog will look at the two cases, consider the similarities, and determine why the two cases had different outcomes.
