What is the test for determining whether a person has a right to be "arbitrarily detained or imprisoned"?
Northwest Territories, Canada
The following excerpt is from R. v. Racine, 1993 CanLII 2840 (NWT SC):
16 The Charter of Rights, in section 9, provides that "everyone has the right not to be arbitrarily detained or imprisoned". In R v. Hufsky, [1988] 1 S.C.R. 621, Le Dain J. held (at page 633) that detention is arbitrary if it is governed by unstructured discretion: "discretion is arbitrary if there are no criteria, express or implied, which govern its exercise."
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