E122| Test for arrest — cumulative, commonsensical & contextual.
Description
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In this episode, Mike discusses the New Brunswick Court of Appeal decision R. v. Breau, 2025 NBCA 95 where police arrested a woman for drug trafficking. When police searched the vehicle she was driving, drugs — including methamphetamine, MDMA, and cocaine — along with other evidence was discovered. The woman argued the police did not have sufficient grounds to arrest her, rendering her detention arbitrary — a s. 9 Charter breach. A trial judge upheld the arrest, but she appealed to the New Brunswick Court of Appeal. Find out what the appeal court ruled when it weighed in on the matter.
cumulative — increased in quantity, degree, or force by successive additions.
commonsensical — demonstrating a practical and sensible perception of the situation or facts.
contextual — depending on or relating to the circumstances that form the setting of an event.
Upcoming Training Seminars
Officer Safety & The Charter — October 23, 2025 — 9 am to 3 pm — JIBC
Detention, Arrest & Search — November 13, 2025 — 9 am to 3 pm — JIBC
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