CRM 314 Lecture Notes - Lecture 5: Arbitrary Arrest And Detention, Racial Profiling
22 Feb 2018
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Everyone has the right not to be arbitrarily detained or imprisoned for arrest and legal counsel. state control. 9 guards not only against unjustified state intrusions upon physical liberty, but also against incursions on mental liberty by prohibiting the coercive pressures of detention and imprisonment from being applied to people without adequate justification. The detainee"s interest in being able to make an informed choice whether to walk away or speak to the police is unaffected by the manner in which the detention is brought about. (para. 20: r. v. grant and legal rights : s. 9 in context, detention" also identifies the point at which rights subsidiary to detention, such as the right to counsel, are triggered. These rights are engaged by the vulnerable position of the person who has been taken into the effective control of the state authorities. They are principally concerned with addressing the imbalance of power between the state and the person under its control.
