Ending the Erasure?: Writing Race into the Story of Psychological Detentions – Examining R. v. Le

(2021) 100 Supreme Court Law Review (2d) 165

24 Pages Posted: 15 Feb 2021

See all articles by Amar Khoday

Amar Khoday

University of Manitoba - Faculty of Law

Date Written: 2021

Abstract

This article examines the Supreme Court of Canada’s development of the reasonable person standard in connection with the concept of “psychological detentions” which arises out of sections 9 and 10 of the Canadian Charter of Rights and Freedoms. Specifically, it discusses the Court’s 2019 decision in R. v. Le where race is expressly incorporated within this reasonable person standard. Le stands in contrast to past decisions of the Court where the failure to substantially account for the racial dynamics of police encounters with racialized detainees has been criticized by various scholars. Drawing from critical race theory, this article argues that this incorporation is an important and welcome advancement in Charter jurisprudence, particularly in connection with the phenomenon of racial profiling practiced by various law enforcement officers.

Keywords: detentions, psychological detentions, race, racial profiling, time

JEL Classification: K14, K42

Suggested Citation

Khoday, Amar, Ending the Erasure?: Writing Race into the Story of Psychological Detentions – Examining R. v. Le (2021). (2021) 100 Supreme Court Law Review (2d) 165, Available at SSRN: https://ssrn.com/abstract=3778960

Amar Khoday (Contact Author)

University of Manitoba - Faculty of Law ( email )

224 Dysart Rd.
University of Manitoba Faculty of Law
Winnipeg, Manitoba R3T 2N2
Canada

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