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Patrick Ducharme |
The Supreme Court of Canada has struggled with the issue of whether every unlawful arrest will constitute a breach of the guarantee to protection against arbitrary detention in s. 9 of the Charter. It was the court’s decision in 1989 that if an officer honestly but mistakenly believes that reasonable and probable grounds exist and there is some basis for that belief, then the arrest, although subsequently found to be unlawful, is not arbitrary.
Continue reading “Arrest and Arbitrary Detention under s. 9 of the Charter”