Clayton (2007)

Clayton Revisited

In the past few years, the Supreme Court of Canada ("SCC") seems to have been drifting aimlessly without a well-defined criminal justice destination. Many speak fondly of the bold and innovative approach the SCC adopted in the early 1990's to champion the right to be left alone, but in recent years the SCC has exchanged […]

R v Clayton: Further developing the common law power of police detention

Introduction In many ways, it is difficult to argue with the result of the Supreme Court of Canada’s ("SCC") decision in R v Clayton, [2007] 2 SCR 725 [Clayton] released on July 6, 2007. In Clayton, the court restored the convictions of two accused who had been found in possession of loaded handguns, and were part […]