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| Patrick Ducharme |
There is no general power of detention for investigative purposes, but the police may detain an individual if there are reasonable grounds to suspect in all the circumstances that the person is connected to a particular crime, and, the detention is reasonably necessary on an objective view of the circumstances. The circumstances include the extent to which the interference with individual liberty is necessary to the performance of the officers duty, to the liberty interfered with, and to the nature and extent of the interference.
At a minimum, individuals who are detained for investigative purposes must be advised in clear and simple language of the reasons for their detention. Investigative detentions carried out in accordance with this common-law power will not infringe the detainee’s rights under section 9 of the Charter. Investigative detentions do not impose an obligation on the detainee to answer police questions. Where a police officer has reasonable grounds to believe that his or her safety or the safety of others is at risk, the officer may undertake a protective pat-down search of the detainee. The investigative detention and search power is different and must be distinguished from the authority to arrest and the incidental power of search on arrest.
Continued in part 2.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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