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ISBN: 9781552214480

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Detention and Arrest 2/e

The criminal justice system aims to maintain a balance between the individual interest of private citizens to carry on their lives free from state interference, and the communal interest in maintaining a safe society. These two goals come into conflict with each other most visibly when agents of the state physically take control of private citizens — that is, when they exercise their powers to detain or to arrest.

The book focuses on “street-level” encounters: detentions and arrests that occur in the course of investigating crime and laying charges. The authors explore the initial interaction between agents of the state or others authorized to detain and arrest, and the private citizens whose liberty is interfered with. It is at that point that the balance between societal safety and individual liberty is most keenly in play.

This second edition has been updated to incorporate significant changes which have taken place with regard to statutory powers (the new citizen’s arrest power and others), to common law powers (powers of detention, safety searches, search incident to arrest, etc.) and to Charter rights (freedom from arbitrary detention, right to counsel, and so on).


Steve Coughlan

Steve Coughlan is a professor at the Schulich School of Law, Dalhousie University. He is the author of Criminal Procedure (Irwin Law, 2008, 2012, and 2016) and many other books, as well as a co-author of the Annual Review of Criminal Law. He is one of the editors of the Criminal Reports and is a co-author of the National Judicial Institute Criminal Law Essentials e-letter. He is the recipient of a number of teaching awards, including the Association of Atlantic Universities Distinguished Teacher Award.

Glen Luther

Glen Luther, QC, is an associate professor at the College of Law, University of Saskatchewan. He has previously taught at several law schools, including Osgoode Hall Law School, the University of Calgary, and Victoria University in New Zealand. He has extensive criminal litigation experience in Alberta and Saskatchewan, and has argued cases at all levels of courts. Professor Luther has received several awards for teaching excellence, and in 2009 was appointed Queen’s Counsel by the Government of Saskatchewan.

Chapter Title Abstract Contributors Pages Year Price


This edition brings the book up-to-date in both the legislative and jurisprudential spheres. 2 $0.20


Describes the focus on “street level” encounters between state agents and private citizens: detentions and arrests that occur in the course of investigating crime and laying charges. ; 5 $0.50


Deals with common law and statutory sources of police powers, grounds to arrest and detain, and issues surrounding the exercise of those powers. ; 109 $10.90


Deals with common law and statutory powers of detention. ; 55 $5.50


What constitutes arrest, methods of compelling appearance, and procedural issues regarding appearance. ; 104 $10.40


Arbitrary detention, the right to be informed of the reasons for detention, and the right to counsel. ; 79 $7.90


Review of cases dealing with the issue of “reasonable grounds to believe” as a basis on which individuals can be arrested or detained. ; 11 $1.10


Review of cases dealing with the issue of “reasonable grounds to suspect” in the context of investigative detentions. ; 10 $1.00