What is Section 10 of the Charter

 The Canadian Charter of Rights and Freedoms safeguards constitutional rights in Canada. Section 10 of the Charter protects individuals’ rights with respect to arrest and detention. Section 10(a) ensures that individuals and promptly informed of the reasons for their arrest or detention. Section 10(b) ensures that individuals are informed of their right to speak with a lawyer without delay and then provided with an opportunity to speak with a lawyer.

 

What is an arrest or a detention?

An arrest occurs when police engage in the “actual seizure or touching of a person’s body with a view to detention” (R v Latimer, [1997] 1 SCR 217 at paragraph 24), or when the police officer says the “words of arrest” and the individual submits to arrest. Arrest can trigger multiple different police powers, such as the ability to conduct a search incident to arrest, or sometimes to take fingerprints or a mugshot.

 

A detention occurs when an individual is psychologically or physically detained.  Psychological detention occurs when an individual assumes that they must comply with police directions, and that they have no other option available to them. A psychological detention will also occur when the law requires that an individual comply with a police direction or demand (e.g., at a traffic stop). Physical detention occurs when there is a direct interference with a person’s body or their personal belongings while that person is present.

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