Research Assignment : R. V. Grant

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Research Assignment: R. v. Grant, [2009] S.C.R. 353
Facts of the case:
Mr. Grant, an 18-year-old black man, was walking down a street in a high-crime area where he attracted police officers’ attention. He was stopped and questioned by police officers. Then, Mr. Grant became more suspicious to the police when he started acting very nervous. Mr. Grant was requested name, address and was asked to put hands in front of him. Mr. Grant admitted he was carrying a firearm and weed and he was immediately arrested, searched and advised his legal rights.
Legal issues:
1) Was Mr. Grant arbitrarily detained by the police?
2) Did the obtaining of evidence breach ss.8, 9 and 10(b) of the Canadian Charter of Rights and Freedoms?
3) If Mr. Grant’s rights were violated under s.24 (2) of the Charter, should the evidence be inadmissible at trial?
Supreme Court of Canada decisions:
1) Yes. The court considered the special circumstances the police encountered and questioned Mr. Grant, the entire interaction constitutes detention.
The definition of detention is unclear and difficult to develop a framework when there is no actual physical restraint or legal obligation. A legal test for psychological detention could be whether a reasonable person would consider that his or her rights to act liberally have been removed but to comply in that particular circumstance. According to ss.9 and 10(b) of the Charter, Mr. Grant was considered detained even before he was asked what he possessed: initial police
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