Reasons for Judgment: Brown and Martin JJ. (Karakatsanis J. concurring)

IV. – Analysis – 25 – (00:00:07)

B. – Section 9 of the Charter – 25 – (00:00:10)

(1) – Timing of Detention – 31 – (00:04:11)

(a) – Circumstances Giving Rise to the Encounter as They Would Reasonably Be Perceived – 33 – (00:05:27)

(b) – Nature of the Police Conduct – 43 – (00:10:16)

(i) – The Police Officers Were Trespassers – 44 – (00:10:52)

(ii) – The Actions of the Police and the Language Used – 45 – (00:11:23)

(iii) – The Use of Physical Contact – 50 – (00:14:58)

(iv) – The Place Where the Interaction Occurred and the Mode of Entry – 51 – (00:15:36)

(v) – The Presence of Others – 62 – (00:22:19)

(vi) – The Duration of the Encounter – 65 – (00:23:55)

(c) – Particular Characteristics or Circumstances of the Accused – 69 – (00:26:27)

(i) – General Principles – 72 – (00:28:43)

(ii) – Differences Between Race and Racial Profiling Under Section 9 of the Charter – 74 – (00:29:58)

(iii) – Race and the Timing of Detention – 82 – (00:34:30)

(iv) – Level of Sophistication – 107 – (00:54:44)

(v) – Mr. Le’s Subjective Perceptions – 111 – (00:58:23)

(vi) – Age and Stature – 122 – (01:06:50)

(2) – Arbitrariness of Detention – 124 – (01:08:47)

(a) – The Police Were Trespassers – 125 – (01:09:35)

(b) – No Legal Authority to Detain – 129 – (01:12:02)