Q v Phillips
Response or Comment
Charter of Rights and Freedoms, Arbitrary Detention or Imprisonment, Arrest or Detention, Right to Be Informed of Reasons, Right to Counsel, Right to Be Informed, Unreasonable Search and Seizure, Charter Remedies, Exclusion of Evidence, Section 9, Section 10, Section 8, Section 24
The trial judge in this case found that the violations of section 10(b) were sufficient to justify the exclusion of the evidence. On the other hand, the section 9 violation was not found to be serious. Indeed, it is not until the exclusion analysis that the decision explicitly acknowledges that there was an arbitrary detention at all: the focus of the discussion surrounding section 9 concerned the ways in which the detention was lawful. It is worth teasing out a bit, because it is a situation that arises frequently, and around which there is plenty of room for debate.
Stephen Coughlan, "Q v Phillips", Case Comment, (2021) 74 CR (7th) 121.