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Common Law Police Powers Generated from 1990-1999: 

The 1990s saw courts generate 24 common law police powers (many expanding roadside detention powers)  by either relying on Dedman or applying the Waterfield test.


The '90s also saw the creation of forcible entry powers such as the "right of entry to make an arrest in hot pursuit" (R v Macooh, [1993] 2 SCR 802) and "forced entry into a dwelling house due to a dropped 911 call" (R v Godoy, [1999] 1 SCR 311). 

In this decade, courts presided over several key Charter cases dealing with search and seizure (section 8). These cases focused on searches incident to arrest (Cloutier v Langlois, [1990] 1 SCR 158, R v Simpson, [1993] OJ No 308, R v Ferris, [1998] BCJ No 1415), including searching the pockets of an unconscious person at the hospital to find ID (R v Iskra, [1999] OJ No 5970).

R v Simpson provided courts with the test to justify investigative detentions by applying the articulable cause doctrine (at paragraph 44). According to Simpson, for an investigative detention to be justified, a court would look at whether there was an objectively discernible set of facts connecting the investigation in progress and the questionable detention before the court  (at paragraph 61). The Simpson case is part of a lineage of police powers cases that had a profound impact on the way courts handle section 9 (arbitrary detention) cases in the years to come (See R v Mann, 2004 SCC 52).

Hover over the boxes below to reveal the cases that generated police powers in each year.



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