Detention, Arrest, and the Right to Counsel

In Detention, Arrest, and the Right to Counsel, Justice Davin Michael Garg (Ontario Court of Justice) and defence counsel Anil Kapoor provide a practical examination of early “street level” interactions between law enforcement and members of the public through the lens of sections 9 and 10 in the Canadian Charter of Rights and Freedoms.  

National in scope, this resource focuses on three major areas: detention, arrest and the right to counsel. The first major area covers the power to detain a person, addressing law enforcement’s statutory and common law powers, including investigative detention and traffic stops. This area also addresses the issue of racial profiling. The second area covers the power to arrest, including the mechanism of an arrest, reasonable grounds, arrest with and without warrant, and more. Unlike other texts in this area, this handbook includes a third area with comprehensive coverage of the right to counsel, discussing law enforcement’s informational and implementational obligations under sections 10(a) and 10(b). 

If done improperly, initial interactions between the state and civilians can lead to Charter breaches and, eventually, Charter remedies, including the exclusion of evidence. With the aim of supporting a balance between the societal interest in effective policing and the rights of the individual, the authors of Detention, Arrest, and the Right to Counsel offer the most up-to-date and balanced resource for criminal litigators, judges, justices of the peace, and law enforcement involved in the administration of criminal justice.