The Limits of Judicially Created Police Powers: Investigative Detention After Mann
52 Criminal Law Quarterly 299-326
28 Pages Posted: 1 Jun 2012 Last revised: 30 Oct 2013
Date Written: 2006
This article will explore the many important and yet unanswered practical questions raised by the Supreme Court’s judgment in Mann. In the process, and somewhat unavoidably, it will also consider a larger question regarding the limits of judicial rule-making more generally. In short, Mann provides a useful case study in how judgments that create new police powers tend to raise more questions than they answer. Of course, some uncertainty is an inevitable by-product of all judge-made rules in any common law system. There would seem to be an obvious difference, however, between the slow and incremental development of existing common law rules and the creation of entirely new police powers from whole cloth using the cost-benefit analysis required by the ancillary powers doctrine. Mann illustrates why courts should be careful to avoid abandoning their historic role of standing between the individual and the state in favour of a law-making function that sees the judiciary authorizing state intrusions on well-established individual rights.
The full text of this article is available on Canada Law book’s Criminal Spectrum.
Keywords: police, power, criminal, charter, investigation, supreme, court, mann
JEL Classification: K00, K14, K40, K41, K42, K49
Suggested Citation: Suggested Citation