5.3 Detention and Questioning

Overview of Criminal Law Concepts

• Definitions and Legal Framework

  • Detention

  • Section 9 of the Charter

  • Section 10 of the Charter

  • The confessions rule

Detention

• Definition of Detention

  • Detention refers to the act of holding someone in custody, under arrest, or imposing a form of restraint upon them.

  • It encompasses different forms:

  • Physical restraint: Actual physical holding or confinement of an individual.

  • Legal compulsion: Legal authority compelling an individual's presence or participation in a situation (e.g., police questioning).

  • Psychological restraint: Situations where an individual feels incapable of leaving or not free to go (e.g., intimidation or coercion by law enforcement).

Charter Rights

Section 9 of the Charter

• Right Against Arbitrary Detention

  • Section 9: "Everyone has the right not to be arbitrarily detained or imprisoned."

• Implications: This underscores the importance of lawful reasons for detention, aiming to prevent abuse of power by authorities.

Section 10 of the Charter

• Rights upon Arrest or Detention

  • Section 10 states: "Everyone has the right on arrest or detention:
    (a) to be informed promptly of the reasons therefor;
    (b) to retain and instruct counsel without delay and to be informed of that right."

  • These rights ensure transparency and accessibility to legal support during police interactions.

Determining Arbitrary Detention

• Factors to consider whether a detention is arbitrary:

  • Not authorized by law: Detention must align with legal provisions.

  • Limits of power exceeded: Detention should not surpass the legal limits defined for law enforcement authorities.

Types of Detention

• Common Law Police Powers

  • Powers provided to law enforcement to perform inquiries and enforce laws:

  • Investigative detention: Circumstance where officers temporarily detain a person for investigation based on reasonable grounds.

  • Legal standards must be followed, ensuring changes in circumstances are adhered to during the process.

Grant Factors in Detention

• Assessment Criteria

  • Circumstances of the Encounter: Context and nature of the interaction between police and the individual.

  • Nature of Police Conduct: Analysis of the behavior and actions taken by law enforcement officers during an encounter.

  • Characteristics of the Suspect: Factors such as age, demeanor, and psychological state of the individual being detained.

The Confessions Rule

• Principles Involved

  • The confessions rule determines the admissibility of confessions made during police detention:

  • Focus on whether confessions were voluntary and free from oppression or coercion.

  • Concerning psychological pressures, considerations involve operability of the mind and the influence of threats or promises.

Factors Affecting Confessions

• Voluntariness of Confessions

  • Consider how certain influences could lead an individual to believe they committed an offense they did not commit:

  • Inducements (threats and promises) can result in false confessions.

  • Issues of oppression arise when confessions occur under duress or severe mental pressure.

Conclusion

• The understanding of these principles serves as a foundation for criminal law, ensuring protections against wrongful detention and coerced confessions.