Recorded Seminar: Detention after Le: Steven Penney


Recorded: 11 December 2020, 83 minutes

Did the SCC’s decision in R v Le signal a new approach to “detention” under sections 9 and 10 of the Charter? In this seminar, Professor Penney explores the implications of Le, including the revised approach to determining when a “psychological” detention arises, the newfound importance of race, and the scope and limits of the investigative detention power. He also examines several contentious issues not addressed in Le, including pretextual roadside stops and the standard for conducting safety searches.