Q v Phillips

Steve Coughlan

Q v Phillips

Steve Coughlan

Research output: Contribution to journal › Article › peer-review

Abstract

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.

Original language	Canadian English
Journal	Articles, Book Chapters, & Popular Press
Publication status	Published - Jan. 1 2021

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

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

Disciplines

Constitutional Law
Criminal Law
Criminal Procedure
Law

Access to Document

https://dal.novanet.ca/permalink/01NOVA_DAL/1nek75v/alma990014190870107190

Cite this

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title = "Q v Phillips",

abstract = " 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.",

keywords = "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",

author = "Steve Coughlan",

note = "Stephen Coughlan, {"}Q v Phillips{"}, Case Comment, (2021) 74 CR (7th) 121.",

year = "2021",

month = jan,

day = "1",

language = "Canadian English",

}

TY - JOUR

T1 - Q v Phillips

AU - Coughlan, Steve

N1 - Stephen Coughlan, "Q v Phillips", Case Comment, (2021) 74 CR (7th) 121.

PY - 2021/1/1

Y1 - 2021/1/1

N2 - 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.

AB - 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.

KW - Charter of Rights and Freedoms

KW - Arbitrary Detention or Imprisonment

KW - Arrest or Detention

KW - Right to Be Informed of Reasons

KW - Right to Counsel

KW - Right to Be Informed

KW - Unreasonable Search and Seizure

KW - Charter Remedies

KW - Exclusion of Evidence

KW - Section 9

KW - Section 10

KW - Section 8

KW - Section 24

UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/1018

UR - https://dal.novanet.ca/permalink/01NOVA_DAL/1nek75v/alma990014190870107190

M3 - Article

JO - Articles, Book Chapters, & Popular Press

JF - Articles, Book Chapters, & Popular Press

ER -

Q v Phillips

Abstract

UN SDGs

Keywords

Disciplines

Access to Document

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