Document Type

Article

Publication Date

2010

Keywords

Criminal Law, R v. Nolet, search, vehicle, detention, Section 8, reasonable expectation of privacy

Abstract

The law need not stay the same. The Court has indicated its clear willingness to change the law to accommodate changing social conditions, or in other circumstances. However, when the law does change, it is better for all if that happens clearly: when it is apparent that the old approach no longer governs and it is clear what the new approach will be. In this regard, more could have been hoped for from Nolet. The case raises questions about the proper approach to search issues and to detentions involving vehicle stops and seems inconsistent with previous case law in both these areas.

Comments

From the Selected Works of Steve Coughlan.

Publication Abbreviation

CR

Included in

Criminal Law Commons

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