The SUPREME COURT OF CANADA has in a recent decision was faced with the question as to what is the extent that police officers can go when initiating a “protective / preventive” arrest? Can protestors who has not infringed any law, be arrested, so as to protect them and prevent the potential occurrence of a breach of peace?
The contention of the Police was that the origin of their powers are from statutes (like the Criminal Code) and common law principles. The argument of the police was that, under the common law, police can limit someone’s freedom (for example, arrest them) if it’s reasonably necessary to carry out their duties and to prevent a “breach of the peace.”
The Court laid down the dictum that there is no common law power available to the police to arrest someone who is acting lawfully in order to prevent an apprehended breach of the peace by others.
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