Skip to main content

Distributed for University of British Columbia Press

Ancillary Police Powers in Canada

A Critical Reassessment

A useful resource for understanding common-law police powers in Canada.

Police enforce the law, but they must also obey it. Statutes circumscribe how law enforcement officers conduct their work. At the same time, Canadian 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. Why are “Mr. Big” sting operations used? What is the difference between police duty and lawful authority? Should the Supreme Court rescind powers when the police tactics they enable become controversial? This nuanced book surveys the evolution, application, and future of judge-made police powers. The authors bring historical perspective, critical legal theory, and empirical analysis to an issue that is fundamental to constitutional protection from state interference with individual liberty.

280 pages | 8 figures, 2 tables | 6 x 9 | © 2024

Law and Society

Criminology

Law and Legal Studies: Law and Society, The Constitution and the Courts


Reviews

"I know of no single work that attempts to do what this book does so well: bring together into a single account the history of policing, its relation to the common law, the emergence of the doctrine of Ancillary Police Powers, its practical effects, and its theoretical shortcomings. This book is unusually diverse and substantive – and it is immensely valuable."

Robert Diab, coauthor of Search and Seizure

"The authors of Ancillary Police Powers in Canada shatter the widely held assumption that the courts are protecting citizens from overreach by police. This timely, sophisticated, and trailblazing collection is a must-read for anyone interested in police powers and constitutional rights."

Nicole O’Byrne, Faculty of Law, University of New Brunswick

Table of Contents

Introduction: Judicial Oversight of Police Powers in Canada

Part 1: History and Context

1 The Common Law Constable

2 The Supreme Court’s Embrace of the Ancillary Powers Doctrine

with Lauren Gowler

Part 2: Judicial Expansion of Police Powers

3 Search Incident to Arrest

with Lauren Gowler

4 An Empirical Analysis of Ancillary Power Generation and Deployment

with Lauren Gowler

Part 3: Critiquing Police Powers

5 The Doctrine’s Proportionality Problem

6 Ancillary Police Powers and the Black Experience in Canada

7 The Doctrine as a One-Way Ratchet

Conclusion

Notes; Bibliography; Index

Be the first to know

Get the latest updates on new releases, special offers, and media highlights when you subscribe to our email lists!

Sign up here for updates about the Press