What is the current state of the law on s. 7 protection against police tricks in the pre-detention period?
Alberta, Canada
The following excerpt is from R v NRR, 2014 ABQB 118 (CanLII):
Generally the case law indicates that s. 7 protection arises only after a person has been detained and does not extend to protection against police tricks in the pre-detention period: R v. Hebert, 1990 CanLII 118 (SCC), [1990] 2 SCR 151. The rationale appears to be that the target of a pre-detention operation is not in the control of the state and thus there is no need to protect him from the greater power of the state.
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