This article examines the Supreme Court of Canada’s 2009 landmark Charter decisions. The Court’s most recent statement about what constitutes psychological detention is analyzed and some of the difficulties that arise in the application of the test are highlighted. The article also considers the Court’s new pronouncement that the right to counsel arises immediately upon an investigative detention, and raises concerns about how provision of this expanded right to counsel will operate practically. Finally, the article sets out the new test for admissibility of evidence under section 24(2). Some commentary is provided on the factors that seem most likely to guide the exercise of trial judges’ wide discretion in this area.
"Grant, Suberu and Harrison: Detention, the Right to Counsel and a New Analysis under Section 24(2): Some Practical Impacts."
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
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