R. v. MacMillan, 2013 ONCA 109 has a useful passage on the meaning of detention and when detention commences:
As is made clear in R. v. Suberu, 2009 SCC 33, [2009] 2 S.C.R. 460, at para. 23, even where a person is under investigation for criminal activity and is asked questions, the person is not necessarily detained. In the absence of a legal obligation to comply, detention arises where a reasonable person would conclude by reason of the state conduct that he or she had no choice but to comply.
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I heard from a bar stool lawyer who’s actually a plumber( you know those kind of guys) that if the police only question you as a possible witness to a crime or are questioning you only as merely part of the investigative process that they don’t need to read you your rights. So if you make a statement that implicates you in the crime they are investigation or any other unrelated crime, the statement can be used against you in court. As a result, the police now approach many interrogations as only trying to gather fact about a crime. This way they don’t have to let the suspect talk to a lawyer. The police then hope the suspect will say something incriminating.
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