105:
111:
67:
definition of arrest as consisting of "the actual seizure or touching of a person's body with a view to his detention. The mere pronouncing of words of arrest is not an arrest, unless the person sought to be arrested submits to the process and goes with the arresting officer." Consequently, there are
51:
In June 1967, James
Whitfield was driving down a street in eastern Toronto. He had been wanted for damaging the seat cushions of a local restaurant. The police spotted him in his car and approached him at a stop light. Officer Kerr told him that he had a warrant for his arrest. Whitfield drove off
52:
but had to stop due to oncoming traffic. Kerr ran up to the car and grabbed
Whitfield by the collar and said he was under arrest, but Whitfield accelerated and Kerr fell to the road.
68:
two requirements to affect an arrest: actual seizure or touching of the suspects body with a view to detention; and pronouncing "words of arrest" to the suspect.
183:
154:
173:
178:
147:
188:
71:
On the facts, the Court held that
Whitfield was put under arrest and so the charge of escaping arrest was upheld.
80:, the court held that arrest may also be effected by words and a restraint on liberty accompanied by submission.
140:
36:
40:
89:
124:
104:
167:
120:
76:
17:
64:
39:
decision on the legal requirements of an arrest under the
128:
55:
Whitfield was convicted of escape of lawful arrest.
63:Judson J., writing for the majority, adopted the
148:
8:
155:
141:
74:In the subsequent Supreme Court case of
7:
184:Canadian criminal procedure case law
100:
98:
90:Full text of decision at canlii.org
127:. You can help Knowledge (XXG) by
25:
109:
103:
35:(1969), S.C.R. 46 is a leading
1:
174:Supreme Court of Canada cases
27:Supreme Court of Canada case
205:
97:
179:1969 in Canadian case law
37:Supreme Court of Canada
59:Reasons of the court
119:This article about
189:Canadian law stubs
136:
135:
16:(Redirected from
196:
157:
150:
143:
115:
114:
113:
112:
107:
99:
21:
204:
203:
199:
198:
197:
195:
194:
193:
164:
163:
162:
161:
110:
108:
102:
95:
86:
61:
49:
28:
23:
22:
18:R. v. Whitfield
15:
12:
11:
5:
202:
200:
192:
191:
186:
181:
176:
166:
165:
160:
159:
152:
145:
137:
134:
133:
116:
93:
92:
85:
84:External links
82:
60:
57:
48:
45:
26:
24:
14:
13:
10:
9:
6:
4:
3:
2:
201:
190:
187:
185:
182:
180:
177:
175:
172:
171:
169:
158:
153:
151:
146:
144:
139:
138:
132:
130:
126:
122:
117:
106:
101:
96:
91:
88:
87:
83:
81:
79:
78:
72:
69:
66:
58:
56:
53:
46:
44:
42:
41:Criminal Code
38:
34:
33:
32:R v Whitfield
19:
129:expanding it
121:Canadian law
118:
94:
75:
73:
70:
62:
54:
50:
31:
30:
29:
77:R v Latimer
168:Categories
65:common law
47:Background
123:is a
125:stub
170::
43:.
156:e
149:t
142:v
131:.
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
