R. v. Parkar (H.), 2016 ABPC 169

"...he could be in control and ensure his own safety when dealing with a person who was not known to him” (para 17). See also: R v Parkar, 2016 ABPC 169 at para 26 and R v Dean, 2017 ABPC 37 at para 26.[36] Defence counsel provided the Court with the decision of R v Ottenbreit, 2016 ABPC 77, in..."

"...in a police vehicle, is justifiable under ss 8 and 9 of the Charter. He expressed his agreement with the approach taken in R v Parkar, 2016 ABPC 169 and R v Kim, 2016 ABPC 9. He added that courts are able to make decisions on a case-by-case basis as to whether the police have strayed into a..."

"...topic earlier in a different context in R v Vardanyan, 2016 ABPC 115. Since then counsel provided J. Fraser’s decision in R v Parker, 2016 ABPC 169. Until a higher court definitively rules on this important issue fall on the side represented by Parker and R. v. Kim, 2016 ABPC 9. I cannot in..."

"...arbitrarily.”   [15]      Justice Ross also considered the decision of Fraser PCJ in R. v. Parkar 2016 ABPC 169:   “In Parkar, Fraser PCJ stated that provincial courts misinterpreted Mann on several occasions. They incorrectly reasoned t..."

"...Furthermore, I agree with Judge Bruce R. Fraser of the Provincial Court of Alberta in the case of R v Parkar, (2016) ABPC 169 where he expressed, at paragraph 24, that it is not necessary that the police officer have a specific concern that the individual detainee in his custody is a safety..."

"...(3d) 1, 66 CR (6th) 1 R v Mann, 2004 SCC 52, [2004] 3 SCR 59, 324 NR 215, 241 DLR (4th) 214, 185 CCC (3d) 308, 21 CR (6th) 1 R v Parkar, 2016 ABPC 169, 132 WCB (2d) 121, 40 Alta LR (6th) 312 R v Primeau, 2016 SKPC 134, 133 WCB (2d) 430, 365 CRR (2d) 291 onsidered saskDigest"> R v Aucoin, 20..."

"...(3d) 1, 66 CR (6th) 1 R v Mann, 2004 SCC 52, [2004] 3 SCR 59, 324 NR 215, 241 DLR (4th) 214, 185 CCC (3d) 308, 21 CR (6th) 1 R v Parkar, 2016 ABPC 169, 132 WCB (2d) 121, 40 Alta LR (6th) 312 R v Primeau, 2016 SKPC 134, 133 WCB (2d) 430, 365 CRR (2d) 291 onsidered saskDigest"> R v Aucoin, 20..."

"...he could be in control and ensure his own safety when dealing with a person who was not known to him” (para 17). See also: R v Parkar, 2016 ABPC 169 at para 26 and R v Dean, 2017 ABPC 37 at para 26.[36] Defence counsel provided the Court with the decision of R v Ottenbreit, 2016 ABPC 77, in..."

"...in a police vehicle, is justifiable under ss 8 and 9 of the Charter. He expressed his agreement with the approach taken in R v Parkar, 2016 ABPC 169 and R v Kim, 2016 ABPC 9. He added that courts are able to make decisions on a case-by-case basis as to whether the police have strayed into a..."

"...topic earlier in a different context in R v Vardanyan, 2016 ABPC 115. Since then counsel provided J. Fraser’s decision in R v Parker, 2016 ABPC 169. Until a higher court definitively rules on this important issue fall on the side represented by Parker and R. v. Kim, 2016 ABPC 9. I cannot in..."

"...arbitrarily.”   [15]      Justice Ross also considered the decision of Fraser PCJ in R. v. Parkar 2016 ABPC 169:   “In Parkar, Fraser PCJ stated that provincial courts misinterpreted Mann on several occasions. They incorrectly reasoned t..."

"...Furthermore, I agree with Judge Bruce R. Fraser of the Provincial Court of Alberta in the case of R v Parkar, (2016) ABPC 169 where he expressed, at paragraph 24, that it is not necessary that the police officer have a specific concern that the individual detainee in his custody is a safety..."