Friday, September 25, 2009

Grant applied

From R. v. Connor, 2009 CanLII 48830 (ON S.C.), parargraph 81, just released:

Justice Molloy:

"Accordingly, it seems to me that an application of the Grant test, as further expanded on in Suberu, leads to the conclusion that there was no detention of Mr. Connor in this case up to the point of his arrest. Still, it seems strange to find no detention in circumstances where both the police and Mr. Connor believed that his liberty was restricted."

The case here:

http://canlii.com/en/on/onsc/doc/2009/2009canlii48830/2009canlii48830.html

No comments:

Post a Comment