Ancillary Police Powers in Canada: A Critical Reassessment

Nicole O’Byrne speaks with John W. Burchill and Richard Jochelson about their book Ancillary Police Powers in Canada: A Critical Reassessment. Police enforce the law, but they must also obey it. Statutes circumscribe how law enforcement officers conduct their work. Controls on police power are also embedded in the decisions written by judges, spawning a controversial area of legal debate — and of policing itself. The courts have handed police many powers to stop, search, and otherwise investigate people in the pursuit of public safety and crime prevention.

Ancillary Police Powers in Canada explains what these common-law police powers are; how they came to be; and, crucially, what the potential dangers are in their expanding scope. What is the difference between police duty and lawful authority? Should the Supreme Court revisit and possibly rescind powers when the police tactics they enable become controversial? This nuanced book surveys the evolution, application, and future development of judge-made police powers in Canada from various points of view. The authors, with backgrounds in law, policing, and criminal justice, bring historical perspective, critical legal theory, and empirical analysis to bear on an issue that is fundamental to constitutional protection from state interference with individual liberty. The result is a unique and thought-provoking journey into the changing practice of Canadian policing.

John W. Burchill is an instructor at the University of Manitoba, chief of staff with the Winnipeg Police Service, and president of the Winnipeg Police Museum and Historical Society.

Richard Jochelson is the Dean of Law at the University of Manitoba. A widely published scholar, he also spearheaded Robsoncrim.com, a leading research blog that undergirds the Criminal Law Edition of the Manitoba Law Journal.

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