Ancillary Police Powers in Canada

A Critical Reassessment

Häftad, Engelska, 2025

Av John W. Burchill, Richard Jochelson, Akwasi Owusu-Bempah, Terry Skolnik, Burchill John W.

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Police enforce the law, but they must also obey it. Statutes circumscribe how law enforcement officers conduct their work. At the same time, Canadian courts have handed police many powers to stop, search, and otherwise investigate people in the pursuit of public safety and crime prevention. Ancillary Police Powers in Canada explains what these common-law police powers are; how they came to be; and, crucially, what the potential dangers are in their expanding scope. What is the difference between police duty and lawful authority? Should the Supreme Court rescind powers when the police tactics they enable become controversial? This nuanced book surveys the evolution, application, and future of judge-made police powers. The authors bring historical perspective, critical legal theory, and empirical analysis to an issue that is fundamental to constitutional protection from state interference with individual liberty.

Produktinformation

Utgivningsdatum2025-06-01
Mått152 x 229 x 21 mm
Vikt420 g
FormatHäftad
SpråkEngelska
SerieLaw and Society
Antal sidor280
FörlagUniversity of British Columbia Press
ISBN9780774871068

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John W. Burchill is an instructor at the University of Manitoba, chief of staff with the Winnipeg Police Service, and president of the Winnipeg Police Museum and Historical Society. He received the Lieutenant Governor of Manitoba's Award for Historical Preservation in 2020 and was inducted into the Governor General of Canada's Order of Merit in 2010. His publications include volumes 1 and 2 of Pioneer Policemen: The History of the Manitoba Provincial Police.Richard Jochelson is the Dean of Law at the University of Manitoba. A widely published scholar, he also spearheaded Robsoncrim.com, a leading research blog that undergirds the Criminal Law Edition of the Manitoba Law Journal.Akwasi Owusu-Bempah is an associate professor in the Department of Sociology at the University of Toronto and a senior fellow at Massey College. He has held positions with Canada's National Judicial Institute, the Public Health Agency of Canada, and Ontario's Ministry of the Solicitor General. He is the co-author of Waiting to Inhale: Cannabis Legalization and the Fight for Racial Justice.Terry Skolnik is a research professor at the Sandra Day O'Connor College of Law, and the executive director of the Academy for Justice, at Arizona State University. He is also an associate professor at the University of Ottawa's Faculty of Law. He was formerly an officer in the Montreal Police Service.

Introduction: Judicial Oversight of Police Powers in CanadaPart 1: History and Context1 The Common Law Constable2 The Supreme Court's Embrace of the Ancillary Powers Doctrine with Lauren GowlerPart 2: Judicial Expansion of Police Powers3 Search Incident to Arrestwith Lauren Gowler4 An Empirical Analysis of Ancillary Power Generation and Deploymentwith Lauren GowlerPart 3: Critiquing Police Powers5 The Doctrine's Proportionality Problem6 Ancillary Police Powers and the Black Experience in Canada7 The Doctrine as a One-Way RatchetConclusionNotes; Bibliography; Index