From Canadian Criminal Law Notebook
At the time of arrest, an officer must typically inform the accused of the following and confirm that they understand:
- inform of reason for arrest
- Charter of Rights caution / Right to Silence
- right to speak to a lawyer
- access to legal aid
- secondary police cautions
Validity of Arrest
An arrest consists of two elements:
- the actual seizure or touching of a person's body with a view towards his detention or
- the pronouncing of "words of arrest" to a person who submits to the arresting officer.
An arrest will only be lawful if:
- police have a subjective belief that there are reasonable and probable grounds to arrest the accused.
- the grounds must be objectively justifiable
- R v Whitfield  SCR 46, 1969 CanLII 4 (SCC), per Judson J.
R v Lo, 1997 CanLII 1908 (BC SC), at paras 6 to 10
R v Latimer, 1997 CanLII 405 (SCC), (1997), 112 CCC (3d) 193 at paras 24-5
R v Lo at paras 6 to 10
See also R v Storrey, 1990 CanLII 125 (SCC), (1990), 53 CCC (3d) 316 at 322-4 (S.C.C.)
R v Grant,  2 SCR 353, 2009 SCC 32 (CanLII) at paras 54-6
- R v Pauli, 2014 SKQB 246 (CanLII)
- e.g. Pauli, ibid.
- Alternatives to Charging
- Warrantless Arrests and Warrant Arrests
- Reasonable and Probable Grounds to Arrest
- Right to be Informed of Reasons for Arrest or Detention
- Right to Counsel
- Right of Youth to Notify Parents
- Right Against Self-Crimination
- Right to be Informed of Charges
- Taking Photograph and Fingerprints of Accused Persons
- Post-Charge Detention