In R v Grant, the Supreme Court stated that "detention" refers to a suspension of an individual's liberty interest by a significant physical or psychological restraint.
To determine whether a reasonable person in the individual's circumstances would conclude they had been deprived by the state of the liberty of choice, the court may consider, inter alia, the following factors:[2] Section 10(a) requires that a person who is arrested or detained must be told why.
Latimer argued that since the police did not call the detention an arrest, he was not fully aware of the severity of the trouble he was in.
Latimer could be expected to understand the seriousness of the situation since he was told he was being detained in connection with his daughter's death.
[3] The right to consult a lawyer is considered to be important, and the courts have been understanding if, even in cases in which the person arrested or detained preferred not to see any lawyer, it is later argued section 10 is violated because the arrested or detained person did not know any better.