Policing the Police
Legal educators publish new book on Ancillary Police Powers in Canada
Ancillary Police Powers in Canada: A Critical Assessment, co-authored by John Burchill, practicing professional instructor, and Dr. Richard Jochelson, Dean of Law, was released by UBC Press on October 15, 2024. Written in collaboration with legal scholars Dr. Akwasi Owusu-Bempah and Dr. Terry Skolnik, the book critically examines the legal and social dimensions of ancillary police powers in Canada.
Ancillary police powers, while not explicitly granted by statute, emerge as necessary tools for police to perform their duties effectively. These discretionary powers are often justified on pragmatic grounds but can occupy a legal grey zone, raising significant questions about their scope and alignment with constitutional principles. The book explores how these powers are employed in everyday policing contexts, such as home searches, bodily searches, temporary detentions and traffic stops, and considers their broader implications for civil liberties and systemic inequities.
“Our legal system relies on a careful balance between empowering state actors and protecting individual rights,” said Dr. Jochelson. “This book challenges conventional assumptions by examining how ancillary police powers operate in practice and underlines the importance of rethinking their role in a just society. By questioning these entrenched mechanisms, we aim to catalyze a deeper, more critical engagement with the foundations of our criminal justice system.”
The book also delves into the historical development of ancillary powers and how they are shaped by judicial interpretation, often reflecting the tension between state necessity and individual freedoms. These discussions are situated within a broader critique of the ways discretionary policing impacts marginalized communities and perpetuates systemic inequalities.
Described by UBC Press as “a sophisticated, timely, and substantive investigation,” the book is designed to appeal to academics, legal practitioners, policymakers, and anyone concerned with the intersection of law and social justice.
University of Manitoba alumna Lauren Gowler [BA/18, JD/23], who recently completed her Master of Laws at Queen Mary University of London, co-authored several chapters.
Ancillary Police Powers in Canada offers a critical reevaluation of how these discretionary powers operate within the legal framework, urging readers to consider their potential for reform.
The book is available from UBC Press and is part of its Law and Society series.