How do you write a guy a ticket without detaining him?
the idea is completely ridiculous. Think about what you are actually saying
If a cop stops you to write a ticket. you are detained. you get your 10a, if you are not told the reason(s) for your detention, your Charter rights are being violated.
Is that very difficult to understand?
When you're pulled over for an HTA you are NOT detained. LOLzzz
If you're going by the #2 definition on "freedictionary.com" sure, I'll enlighten your statement.
Section 10 of CR&F explains your rights upon arrest or detention - to contact defense
"Section 10 is only triggered if a person is arrested or detained. The Supreme Court of Canada has stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint. Psychological detention is established either where the individual has a legal obligation to comply with the restrictive request or demand, or a reasonable person would conclude from the state conduct that there was no choice but to comply.
In cases without physical restraint or legal obligation, it may not be clear whether a person has been detained. To determine whether a reasonable person in the individual’s circumstances would conclude they had been deprived by the state of the liberty of choice, the court may consider, inter alia, the following factors:[1]
The circumstances giving rise to the encounter as would reasonably be perceived by the individual: whether the police were providing general assistance; maintaining general order; making general inquiries regarding a particular occurrence; or, singling out the individual for focussed investigation.
The nature of the police conduct, including the language used; the use of physical contact; the place where the interaction occurred; the presence of others; and the duration of the encounter.
The particular characteristics or circumstances of the individual where relevant, including age; physical stature; minority status; level of sophistication."
I was referring the the snow plow situation above .
Also "Police Officers may stop people who are driving when they observe an offence against the Criminal Code of Canada, provincial Highway Traffic Act, municipal by-laws or any other laws, or if the person or vehicle matches the description of someone in an investigation. Officers may stop people who are driving to ensure compliance with traffic laws and safety standards such as sobriety, possessing a valid driver’s licence and insurance, and the mechanical fitness of the vehicle.
Officers may stop pedestrians on the street if they observe an offence, if they are investigating a complaint, or if they believe the person has committed or is about to commit a crime. These interactions usually involve the officer asking for your name, address and identification, and other questions that are appropriate to their investigation."
Detrimental to society where the power rests with the public???
.
How so?
