R v Mann
Supreme Court of Canada case / From Wikipedia, the free encyclopedia
R v Mann is a 2004 decision of the Supreme Court of Canada.
R v Mann | |
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Hearing: March 26, 2004 Judgment: July 23, 2004 | |
Full case name | Philip Henry Mann v Her Majesty The Queen |
Citations | [2004] 3 S.C.R. 59, 2004 SCC 52 (CanLII); (2004), 241 D.L.R. (4th) 214; [2004] 11 W.W.R. 601; (2004), 185 C.C.C. (3d) 308; (2004), 21 C.R. (6th) 1; (2004), 187 Man. R. (2d) 1; (2004), 187 Man. R. (2e) 1 |
Court membership | |
Reasons given | |
Dissent | Deschamps (paras. 62-80), joined by Bastarache |
The court held that although there is no general power of detention for investigative purposes, police officers may detain an individual if there are reasonable grounds to suspect in all the circumstances that the individual is connected to a particular crime and that the detention is reasonably necessary on an objective view of the circumstances. These circumstances include the extent to which the interference with individual liberty is necessary to the performance of the officer's duty, to the liberty interfered with, and to the nature and extent of the interference. At a minimum, individuals who are detained for investigative purposes must be advised, in clear and simple language, of the reasons for the detention. Investigative detentions carried out in accordance with the common law power recognized in this case will not infringe the detainee's rights under s. 9 of the Charter. They should be brief in duration, so compliance with s. 10(b) will not excuse prolonging, unduly and artificially, any such detention. Investigative detentions do not impose an obligation on the detained individual to answer questions posed by the police. Where a police officer has reasonable grounds to believe that his safety or the safety of others is at risk, the officer may engage in a protective pat-down search of the detained individual. The investigative detention and protective search power must be distinguished from an arrest and the incidental power to search on arrest.