Thursday, July 21, 2016

Police must take steps to ensure medical treatment for prisoners

R. v. Poirier, 2016 ONCA 582:

[82]        In my opinion, the police have a duty to take reasonable steps to ensure that the accused's safety and security of the person are not compromised as a result of the nature of the search. Reasonable steps can only be taken if the police inform themselves as to the risks of the procedure they are carrying out. 

[83]        I find support for my position in the jurisprudence. In Chaoulli v. Quebec (Attorney General), 2005 SCC 35, [2005] 1 S.C.R. 791, at para. 118, McLachlin C.J. and Major J. held that "delays in obtaining medical treatment which affect patients physically and psychologically trigger the protection of s. 7 of the Charter" since delays in medical treatment can result in serious physical pain, or even death.

Of the Law Societies of Upper Canada and Nunavut 

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