R v Patrick

Document Type

Response or Comment

Publication Date



Charter, Unreasonable Search and Seizure, Arrest or Detention, Right to Counsel, Right to Retain and Instruct Counsel Without Delay, Charter Remedies, Exclusion of Evidence


The British Columbia Court of Appeal in Patrick notes that an issue was argued in front of them on the appeal which they did not find it necessary to decide. It is a point which other decisions have found to be in doubt, but it is difficult to understand exactly why. It relates to the power of search incident to investigative detention, and the standard necessary before such a search is authorized.