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Police Questioning: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t

Police Questioning: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, we discuss how far police should be allowed to question suspects for the purposes of officer safety.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

For more Kyla Lee, follow her on Twitter.

 


 

Police Questioning

Today’s case centrals around Charles Patrick. Mr. Patrick was involved in an investigative detention by the RCMP. The police have the power to detain somebody for investigation, and during the course of that investigation they’re allowed to do a pat down search for officer safety.

In these circumstances, Mr. Patrick was subject to a pat down search by an RCMP officer, followed by a question, do you have anything on you? In response, he told the officer, yes, I have a shotgun.

At trial, Mr Patrick argued the officer didn’t have the right to ask such a broad question without violating his s. 8 rights. Those rights are to be secure against unreasonable search and seizure.