You will need to consider s. 21 in assessing legislation, a policy or a program particularly where it:

  • permits any public authority to detain an individual, whether or not he or she is suspected of committing an offence, for a period that is more than transitory;
  • authorises a person with a mental illness to be detained for treatment in a mental health facility;
  • allows the detention of a person in order to prevent the spread of a contagious disease;
  • allows the detention of a person in order for the person to ‘sober up’;
  • makes it an offence for a person to fail to remain at a place (for example, for further questioning or to conduct a search or test by a police officer or other official);
  • allows a public authority to cordon an area and control movement within that area;
  • relates to the management of security of persons within correctional facilities;
  • grants a power of arrest.