Charter Issues: Sections 9 & 12 – Arbitrary Detention and Other Issues

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This paper analyzes sections 9 and 12 of the Charter in the context of impaired driving law. The author provides a detailed discussion on arbitrary detention under the Charter and includes case law on traffic regulation vehicle stops, police power to affect a traffic stop, random vehicle stops and vehicle stops to investigate other offences.

This paper was presented at the Impaired Driving – The Changing Landscape seminar held in September 2012.

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