Trial courts take direction from previous appellate level decisions. However, as can be seen below, trial courts have generated the most police powers out of all three levels we categorized in this section. Trial court judges are essential to the fact finding process within the criminal justice system. Once the facts have been agreed upon in a trial, they are accepted by appellate courts if there is an appeal by the losing side at the trial level. This suggests that trial courts have an impact on appellate level decisions and the facts and arguments heard at the trial level are often relied upon during the appeal process.
Trial courts take direction from previous appellate level decisions. However, as can be seen below, trial courts have generated the most police powers out of all three levels we categorized in this section. Trial court judges are essential to the fact finding process within the criminal justice system. Once the facts have been agreed upon in a trial, they are accepted by appellate courts if there is an appeal by the losing side at the trial level. This suggests that trial courts have an impact on appellate level decisions and the facts and arguments heard at the trial level are often relied upon during the appeal process.
Common Law Police Powers Deployed from 2020-2021:
Common Law Police Powers Deployed from 2020-2021:
In the past 35 years, the Supreme Court of Canada has generated several key police powers that have changed the criminal law landscape. Alongside warrantless roadside detentions (R v Dedman), the Supreme Court has provided police with the ability to detain individuals during a police investigation and search incident to the investigatory detention for police safety (R v Mann). The Supreme Court has also provided police with the power to use sniffer-dogs without a warrant (R v Kang-Brown, R v AM), and warrantless cell phone searches incident to arrest (R v Fearon).
Roadside Offences:
As we have written here, Dedman provided courts with a tool (the Waterfield test) to expand police powers in the area of roadside offences. The cases on this page highlight how police powers during roadside encounters grew after Dedman to include roadside sobriety tests (R v Gallant), roadside detention of vehicle passengers (R v Arkinstall) among many other powers. Click on the cases below for more information on the ruling:
= Roadside detention
= Roadside drug & alcohol testing
= Roadside document verification
= Roadside safety check
= Emergency roadblock
Patrick
(1986)
Lévis
(1996)
A "roadside detention" refers to an occasion where an accused is detained by police after being pulled over in a vehicle. An occasion is categorized as roadside detention when the judge specifically considers a Section 9 Criminal Code violation or makes reference to the person being detained in some way, whether an actual physical detention occurs or not. This includes physical detention and psychological detention.
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Incidences that include "roadside drug & alcohol testing" are those in which a police encounter occurs in or around a vehicle and the accused is asked to participate in any form of drug or alcohol testing.
This includes breathalyzer and behavioural testing as well as requests for the accused to proceed to
a police station for testing.
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"Roadside document verification" refers to an occasion where in a police interaction that is occurring in or around a vehicle, the accused is asked to provide driver’s licence or vehicle documents
for verification. This also includes instances where the police state that the purpose for engaging
with the vehicle was document verification, whether or not that verification does subsequently
take place.
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A "roadside safety check" refers to instances when the police interact with an individual in a vehicle
or on the roadside and their interaction with the person or vehicle is for the purposes of
ensuring the safety of the vehicle occupants.
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"Emergency roadblocks" are used by police to prevent the public from entering or
exiting an area that is normally a public thoroughfare. This may also involve restricting entrance or
exit based on participation in a roadside check or search.