Storrey was arrested for aggravated assault when he was believed to have attacked three Americans in their car. There was significant evidence from the victims' testimonies pointing to him. The arresting police officer was fairly sure that Storrey was the guilty party, but not completely certain. Storrey was detained for 18 hours so that the victims could come back from Detroit and identify him. A trial judge ruled at a voir dire that Storrey's right against arbitrary detention was violated pursuant to s.450(2) of the Code (now s.495(2)), but this was overturned at appeal.
- Was the arrest and detention a breach of s.9 of the Charter?
Storrey then argued that the arrest violates s.9 of the Charter as it was arbitrary. To decide if the arrest was reasonable, the court adopts a two-part test:
- it must have been objectively reasonable (a reasonable person would think it was appropriate); and
- the arresting officer must subjectively believe that there were reasonable and probable grounds for the arrest at the time the arrest is made.
The court decides that the arrest satisfied both of these stipulations, and therefore that it was reasonable. Storrey also tried to claim that the detention was arbitrary because he was detained for so long. However, the relevant case law ruled against this, and s.503 allows 24 hours before bring brought before a justice of the peace and Storrey was only detained for 18 hours.
In order for an arrest to be reasonable and not arbitrary, it must be deemed to be:
- objectively reasonable (reasonable person standard); and
- the arresting officer must subjectively believe there are reasonable and probable grounds for the arrest.