R. v Suberu (2009) - Is a Police Officer saying "Wait a Minute" a Detention?
Автор: CanadaCaseLaw
Загружено: 2025-12-14
Просмотров: 23
Описание:
R. v Suberu (2009) is a key Supreme Court of Canada case that clarified when the police must inform someone of their right to counsel under section 10(b) of the Charter. The Court ruled that police must give the right to counsel “immediately” once a person is detained, but they also confirmed that officers are allowed a brief moment to assess the situation before those rights are triggered.
The decision explains that not every interaction with police amounts to a detention. A person is only detained when they reasonably believe they cannot walk away or must comply with police direction. R v. Suberu continues to guide how courts determine whether police actions have crossed the line from casual interaction to detention, and when the right to counsel must be provided.
Source: https://www.canlii.org/en/ca/scc/doc/...
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