Unlawful Detentions & Arrests: What they are & What You Can Do?

Unfortunately, it is not rare for police officers to arbitrarily detain or arrest individuals without reasonable grounds. When this happens, we characterize the detention or arrest as “unlawful”. Several important rights related to this concept appear in the Canadian Charter of Rights and Freedoms:

Section 7: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Section 8: Everyone has the right to be secure against unreasonable search or seizure.

Section 9: Everyone has the right not to be arbitrarily detained or imprisoned.

Section 10: Everyone has the right on arrest or detention

• (a) to be informed promptly of the reasons therefor;
• (b) to retain and instruct counsel without delay and to be informed of that right; and
• (c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful read more here