Policing Under the Charter (From Police Powers in Canada: The Evolution and Practice of Authority, P 75-99, 1994, R.C. Macleod and David Schneiderman, eds. - See NCJ-157774)

• NCJ Number: 157779
• Author(s): D Stuart
• Date Published: 1994
• Length: 25 pages
• Sale Source: University of Toronto Press
• Publication Type: Survey
• Language: English
• Country: Canada

Annotation

This essay responds to the concern expressed by the Canadian Association of Chiefs of Police in 1984 to efforts by the Law Reform Commission of Canada to reform the criminal justice system.

Abstract

The focus of the essay is on broad policy issues vis-a-vis implications of the Canadian Charter of Rights and Freedoms for the police. The essay assesses whether the exclusion of evidence under the Charter has been salutary, and whether the Charter has been successful in balancing citizens' rights with police powers to exercise discretion, stop suspects, carry out searches and seizures, and interrogate suspects. The author concludes by suggesting an appropriate police response to the Charter and other attempts to reform the laws relating to police powers. 98 notes