Top Five 2004: R v Mann

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

R v Mann, [2004] 3 SCR 59, 2004 SCC 52

The case outlines the powers of the police when detaining someone as part of an investigation.  The Supreme Court of Canada was asked whether it was a violation of s.8 of the Charter of Rights and Freedoms for a police officer to search an individual without arresting him.  The Supreme Court articulated when it was constitutional for police to search or pat down an individual, and what reasons justified such an invasion of privacy. The full decision is available here.