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Criminal Law

2010

Schulich School of Law, Dalhousie University

Detention

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Stopping Vehicles On A Downhill Slope: R. V. Nolet, Steve Coughlan Jan 2010

Stopping Vehicles On A Downhill Slope: R. V. Nolet, Steve Coughlan

Articles, Book Chapters, & Popular Press

The law need not stay the same. The Court has indicated its clear willingness to change the law to accommodate changing social conditions, or in other circumstances. However, when the law does change, it is better for all if that happens clearly: when it is apparent that the old approach no longer governs and it is clear what the new approach will be. In this regard, more could have been hoped for from Nolet. The case raises questions about the proper approach to search issues and to detentions involving vehicle stops and seems inconsistent with previous case law in both …