Not exact matches
Citing Doherty J.A. in Brown, the Court of Appeal noted that the
ancillary powers doctrine does not authorize the
police to exercise
power on «the mere possibility of some unspecified breach at some unknown point in time».
In Brown, Doherty J.A. highlighted the following six factors, which undermined the basis for a finding that the
police had acted pursuant to their
ancillary common law
powers:
The «
ancillary powers doctrine» draws attention to a fundamental distinction: there is a difference between
police duties and
police powers.
Additional
police powers flow from the common law «
ancillary powers doctrine».