Section Nine of the Canadian Charter of Rights and Freedoms
Section Nine of the Canadian Charter of Rights and Freedoms, found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment. The provision is invoked in the criminal law context generally where a police officer who stops, detains, arrests or otherwise restrains a suspect without reasonable grounds.
Section nine states:
Detainment within the meaning of both section nine and section ten is not invoked unless there is significant physical or psychological restraint. para. 19 R. v. Mann (2004) para. 13 in R. v. Hufsky (1988)
The Supreme Court of Canada has stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply.
In cases where there is no physical restraint or legal obligation, it may not be clear whether a person has been detained. To determine whether the reasonable person in the individual’s circumstances would conclude that he or she had been deprived by the state of the liberty of... Read More