R v St. Clair

Steve Coughlan

R v St. Clair

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

Abstract

A case comment on R v St Clair , 2021 ONCA 895.

A useful illustration of how courts should properly assess claims of police experience is found in the reasoning in St Clair. The Ontario Court of Appeal notes that the objective test looks at whether a reasonable person "with the officer's knowledge, experience and training, assessing the totality of the circumstances known to the officer at the time of the arrest, could have concluded that there were grounds to arrest the appellant" (para 24). St Clair exemplifies the kind of caution that should be shown.

Original language	Canadian English
Journal	Articles, Book Chapters, & Popular Press
Publication status	Published - Jan. 1 2022

Keywords

Charter of Rights and Freedoms
Arbitrary Detention or Imprisonment
Unreasonable Search and Seizure
Arrest Unlawful

Disciplines

Constitutional Law
Criminal Law
Criminal Procedure
Jurisprudence
Law

Access to Document

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

Cite this

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title = "R v St. Clair",

abstract = " A case comment on R v St Clair , 2021 ONCA 895. A useful illustration of how courts should properly assess claims of police experience is found in the reasoning in St Clair. The Ontario Court of Appeal notes that the objective test looks at whether a reasonable person {"}with the officer's knowledge, experience and training, assessing the totality of the circumstances known to the officer at the time of the arrest, could have concluded that there were grounds to arrest the appellant{"} (para 24). St Clair exemplifies the kind of caution that should be shown.",

keywords = "Charter of Rights and Freedoms, Arbitrary Detention or Imprisonment, Unreasonable Search and Seizure, Arrest Unlawful",

author = "Steve Coughlan",

note = "Stephen Coughlan, {"}R v St. Clair{"}, Case Comment, (2022) 77 CR (7th) 38.",

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N2 - A case comment on R v St Clair , 2021 ONCA 895. A useful illustration of how courts should properly assess claims of police experience is found in the reasoning in St Clair. The Ontario Court of Appeal notes that the objective test looks at whether a reasonable person "with the officer's knowledge, experience and training, assessing the totality of the circumstances known to the officer at the time of the arrest, could have concluded that there were grounds to arrest the appellant" (para 24). St Clair exemplifies the kind of caution that should be shown.

AB - A case comment on R v St Clair , 2021 ONCA 895. A useful illustration of how courts should properly assess claims of police experience is found in the reasoning in St Clair. The Ontario Court of Appeal notes that the objective test looks at whether a reasonable person "with the officer's knowledge, experience and training, assessing the totality of the circumstances known to the officer at the time of the arrest, could have concluded that there were grounds to arrest the appellant" (para 24). St Clair exemplifies the kind of caution that should be shown.

KW - Charter of Rights and Freedoms

KW - Arbitrary Detention or Imprisonment

KW - Unreasonable Search and Seizure

KW - Arrest Unlawful

UR - https://digitalcommons.schulichlaw.dal.ca/scholarly_works/969

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

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JO - Articles, Book Chapters, & Popular Press

JF - Articles, Book Chapters, & Popular Press

ER -

R v St. Clair

Abstract

Keywords

Disciplines

Access to Document

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