Arrest And Trafficking Clarification

Summary

In Canada, a person can be arrested for possession for the purpose of trafficking if there are reasonable grounds to believe they are involved in trafficking activities. The specifics of what was being trafficked usually need to be clarified during the legal process. An arrest without specifying the substance might be challenged in court but is not automatically unlawful. During a traffic stop, police can request documents, ask questions, conduct sobriety tests, detain temporarily, and search vehicles with reasonable grounds. Delays over 18 months in provincial court or 30 months in superior court may be considered unreasonable, potentially violating the right to a timely trial under section 11(b) of the Canadian Charter of Rights and Freedoms.

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Would that be considered an unlawful arrest
In Canada, an arrest for possession for the purpose of trafficking generally requires reasonable grounds. If the specific substance was not identified at the time of arrest, it could be challenged in court, but it might not automatically make the arrest unlawful.
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What can police do during a traffic stop in Canada while investigating an offence
During a traffic stop in Canada, police can:
- Ask for your driver's license, registration, and insurance.
- Ask questions related to the offence they are investigating.
- Conduct a sobriety test if they suspect impaired driving.
- Detain you temporarily to investigate further.
- Search your vehicle if they have reasonable grounds to believe it contains evidence of an offence.
Do you need more information on any of these points?
What happens is a case was delayed past 18 months in Canada
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If a case is delayed past 18 months in Canada, it may be considered a violation of the right to a trial within a reasonable time under section *(b) of the Canadian Charter of Rights and Freedoms. Courts may stay the proceedings if they find an unreasonable delay.
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What’s considered an unreasonable delay
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In Canada, an unreasonable delay is generally considered to be:
- Over 18 months for cases in provincial court.
- Over 30 months for cases in superior court.
These guidelines come from the Supreme Court decision in *R v. Jordan* (*).
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