SCC Decision: July 6, 2007
Submitted by Andrew Pilliar on Fri, 2007-07-06 06:43
R. v. Clayton, 2007 SCC 32
Click here to link to the full judgment.
(Constitution / Charter of Rights / Search and seizure / Arbitrary detention)
Police responded to a 911 call alleging that 10 black men outside a strip club were brandishing handguns. Upon arrival at the scene, police set up a roadblock and stopped the first car to approach, which contained C and F, both black males. The car did not match the description of the vehicles outside the club that had been provided to police. Police asked a few questions, became suspicious because of the answers and other circumstances, and asked C and F to exit the car. C bolted and was chased and arrested, and F was also placed under arrest. The majority of the Court held that the police lawfully exercised their common law powers to detain and search C and F, and there was no violation of sections 8 or 9 of the Charter.
Majority/Concurring: 6/3
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