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Common Law Police Powers Generated from 2000-2009: 

What is "reasonable suspicion" and how do we determine if the threshold has been met in the context of Common Law Police Powers? 

In the 2000s, courts generated 30 new police powers which has remained the highest total amount generated in any decade since the ruling in Dedman v The Queen.

Courts provided police with the power to detain individuals with a roadblock due to an emergency (R v Clayton, 2007 SCC 32), deny individuals access to their vehicle during an investigation (R v Edwards, 2004 ABPC 14) and strip search a suspect incident to arrest (R v Golden, 2001 SCC 83).

The Supreme Court of Canada had the opportunity to rule on police powers cases 5 times in the 2000s, opting to greatly affect Charter jurisprudence around section 8 (search and seizure) and section 9 (arbitrary detentions).

 

The Supreme Court built on earlier case law such as R v Simpson (1993) to determine that police could detain an individual if they have reasonable grounds to detain within the "totality of the circumstances" (R v Mann, 2004 SCC 52, at paragraph 34).

 

The Court also justified the use of sniffer-dogs at bus depots (R v Kang-Brown, 2008 SCC 18) and schools (R v AM, 2008 SCC 19), which impacted future cases dealing with Charter protected right to privacy by lowering the objective threshold necessary to justify state interference with property rights.

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

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