Sentences with phrase «arbitrary detention»

This was due to the absence of safeguards to guard against arbitrary detention.

To make matters worse, not even a court order could sway the agency to desist from its abuse of the constitution by way of arbitrary detention of the minister.

Street checks are police instigated stops in high - crime neighbourhoods, and the reason the tactic has received so much recent media attention is because it usually results in arbitrary detention of citizens.

Amnesty International UK claims arbitrary detentions and arrests, the imprisonment of peaceful protestors and other prisoners of conscience, as well as torture and the ill - treatment of detainees are all still rife in Tibet.

Earlier this week, departing Ontario ombudsman Andre Martin stated in a report, «Stopping citizens without an objective an reasonable basis for believing that they may be implicated in a recent or ongoing criminal offence, or where there are reasonable and probably grounds to arrest them, is unconstitutional — it's a form of arbitrary detention contrary to section 9 of the Canadian Charter of Rights and Freedoms.»

Mr Bolivar often appeals to arguments based on violationns of his clients» constitutional rights, for instance arbitrary detention, illegal seizure or violation of the right to counsel.

The author provides a detailed discussion on arbitrary detention under the Charter and includes case law on traffic regulation vehicle stops, police power to affect a traffic stop, random vehicle stops and vehicle stops to investigate other offences.

There were also an issue relating to a possible arbitrary detention of the motorist based on his previous criminal record which the officer likely discovered by running a license plate check sometime earlier in the day.

He added that (para 95) «the key point is that article 5 (1) was intended to avoid arbitrary detention», ie it is concerned with the physical liberty of the person, and aims to prevent people being dispossessed of their liberty in an arbitrary fashion, and is not directed at mere restrictions of liberty of movement, as here.

The applicant in Saadi v United Kingdom (App No 13229 / 03)[2008] All ER (D) 229 (Jan) complained about the conditions in Oakington Reception Centre, and the fact that he was not provided promptly with the real reasons for his detention, which amounted to a breach of Art 5, which prohibits arbitrary detention.

The Ontario Court of Justice in R v Fountain, 2013 ONCJ 434 has already ruled that these «street - level encounters» are a breach of an individual's Charter right to be free from arbitrary detention.

Minister of Public Safety and Emergency Preparedness Ralph Goodale announced last August an investment of $ 138 million to improve and minimize the use of immigration detention, including expanding alternatives to detention and strengthening partnerships with the Red Cross and United Nations (which in 2015 issued a report saying that Canada's treatment of immigration detainees was cruel and unusual and resulted in arbitrary detention).

Human Rights Watch reports claim that while West African forces helped restore security in these crises, which took place over a decade ago, they were also complicit in serious violations of international humanitarian law, including looting, harassment, and arbitrary detention of civilians, as well as — in the case of Sierra Leone — summary executions of suspected rebels.

The joint report by Amnesty International and Human Rights Watch says both the Ukrainian government and Russia - backed separatists have committed enforced disappearances, arbitrary detentions and torture of civilians.

The plaintiffs allege that the companies aided, abetted or failed to prevent the torture, forced labour and arbitrary detention that they had suffered as child slaves.»

His lawyers therefore argued he was subjected to arbitrary detention, an argument treated with sympathy by the judges.

At the time I was working for a legal aid NGO in Cairo and I saw how quickly the hospitality towards Syrians turned into street violence and arbitrary detention, forcing thousands of Syrians, who had only just begun to call Egypt home, to board boats all along Egypt's Northern Coast and try their luck at Europe instead.

Secondly, they are the victims of alleged repression in the form of arbitrary detention and violence, as evidenced by recent UN and NGO reports.

«In its response to Boko Haram and ISIS - WA attacks, and at times in response to crime and insecurity in general, security service personnel perpetrated extrajudicial killings and engaged in torture, sexual exploitation and abuse, arbitrary detention, mistreatment of detainees, use of children by some security elements, looting, and destruction of property.

It said the most significant human rights issues included extrajudicial and arbitrary killings; disappearances and arbitrary detentions; torture, particularly in detention facilities, including sexual exploitation and abuse; use of children by some security elements, looting, and destruction of property.

The police actions breached the Charter rights of the three accused under both s. 8 (unreasonable search and seizure) and s. 9 (arbitrary detention).

[34] In the wake of the disputed resignation of President Mohamen Nasheed, Nasheed's supporters who had taken to the streets to peacefully protest were subject to sustained and unnecessary beatings, arbitrary detention, and torture by police and military forces.

Khadr then sued the government for $ 20 million in compensation for the wilful violation of his Charter rights, negligent investigation, conspiracy with the United States in his arbitrary detention, torture, cruel, inhumane and degrading treatment, false imprisonment, intentional infliction of mental distress and failure to comply with domestic and international human rights obligations.

Tagged: arbitrary detention, blood alcohol level, breath sample, Charter, impaired driving, overholding, s. 9, s. 8, unreasonable search and seizure

Criminal Law: Driving Offences; Arbitrary Detention; Right to Counsel R. v. Rowson, 2016 SCC 40 (36777) Judgment rendered Oct. 17, 2016

Connie's passion for legal research and legal writing has produced innovative and effective legal memorandums and factums, that have been submitted to all levels of Courts, in the areas of unreasonable search and seizure, arbitrary detention, the right to a fair trial, the right to counsel, unreasonable delay, and drinking and driving offences.

The Court considered that, whilst the fundamental principle underlying art 5 is the need to protect the individual from arbitrary detention, with an essential part being timely judicial control, art 5 must not be interpreted in such a way as would make it impracticable for the police to perform their duty to maintain public order and protect the lives and property of others.

However, the District Court declined to exercise jurisdiction over other claims - including crimes against humanity, cruel, inhuman and degrading treatment, and arbitrary detention - brought under the Alien Tort Statute.

If you have been through a CheckStop, you will likely agree that the «arbitrary detention» is not a serious inconvenience (unless you have consumed too much alcohol or have warrants for your arrest).

It is an excusable, «demonstrably justifiable» exception to the right against arbitrary detention, because the Supreme Court of Canada has ticked off these three boxes of the Oakes test in a succession of decisions: Dedman v.

It prohibits unreasonable search and seizure and arbitrary detention.

When police stop every driver who happens to be travelling along a road, on the face of it they are conducting «arbitrary detentions» in contravention of section 9 of the Charter of Rights.

The appellant's right to be free from arbitrary detention was infringed by Constable Greenwood when he confined the appellant in the back of Constable McDonnell's cruiser.»

The claimant, Mohammed Ahmed Mohamed, had made a number of claims against various government departments, alleging complicity in unlawful and arbitrary detention and inhuman and degrading treatment and torture on the part of British authorities in Somaliland.

Consequently, the defence submitted that the stop violated Mr. Morris» right to be free from arbitrary detention, and that the subsequent search must be considered unreasonable.

But your other Charter rights are significantly curtailed at the border, including your right to be free from unreasonable search and seizure and your usual protections against arbitrary detention and compelled self - incrimination.

While it's hard to explain the case for exclusion to the general public, no one ever seems to give consideration to the massive number of innocent people who are subjected to arbitrary detention and unlawful searches that never result in any charges.

Trump's demonization of Mexicans and Muslims foreshadows an assault not only on the safeguards against racial discrimination developed since the 1950s (and which moulded our own equality laws) but even on the fundamental rights of the individual to freedom from arbitrary detention and punishment.

When this kind of thing gets tested against the United Nations human rights system (specifically the International Covenant on Civil and Political Rights» prohibition of arbitrary detention) then it is justified by reference to preventing harm to potential future victims.

In Abbasi, for example, the Court of Appeal considered that there was no obligation, as a matter of customary international law, for the state to take diplomatic action against the arbitrary detention of (even) a British citizen by US authorities at Guantanamo Bay.

In its judgment, while the majority of the Court supported a finding of arbitrary detention, they unanimously found that this breach was not sufficiently eggregious to warrant exclusion of evidence under section 24 (2) of the Charter.