View source for Arrest by a Citizen

{{Currency2|January|2015}}
{{LevelZero}}{{HeaderArrest}}

==General Principles==
{{seealso|Warrantless Arrests}}
{{quotation2|
; Arrest without warrant by any person
494 (1) Any one may arrest without warrant
:(a) a person whom he finds committing an indictable offence; or
:(b) a person who, on reasonable grounds, he believes
::(i) has committed a criminal offence, and
::(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

; Arrest by owner, etc., of property
(2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and
:(a) they make the arrest at that time; or
:(b) they make the arrest within a reasonable time after the offence is committed and they believe on reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.

; Delivery to peace officer
(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.
<br>
; For greater certainty
(4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25 {{AnnSec0|25}}.
<br>
R.S., {{LegHistory80s|1985, c. C-46}}, s. 494; 
{{LegHistory10s|2012, c. 9}}, s. 3.{{Annotation}}
|{{CCCSec2|494}}
|{{NoteUp|494|1|2|3|4}}
}}

"Finds committing" requires that the arresting person discover the suspect "in the very act of committing an offence."<ref>
{{CanLIIRP|Abel & Corbett|1vn0r|2008 BCCA 54 (CanLII)|229 CCC (3d) 465}}{{perBCCA|Frankel JA}}{{atL|1vn0r|31}}<br>
</ref>

; "indictable offences"
Any reference to "indictable offences" in s. 494 include hybrid offences.<Ref>
{{CanLIIRP|Huff|fp56d|1979 ABCA 234 (CanLII)|50 CCC (2d) 324}}{{perABCA|Laycraft JA}}
</ref>

; "forthwith"
The meaning of "forthwith" in the Criminal Code means "as soon as is reasonably practiable under all the circumstances."<ref>
{{CanLIIR-N|Cunningham| (1979), 49 CCC (2d) 390}}<br>
see [[Forthwith Under Section 254]]
</ref>

; Constitutionality
An arrest by a private citizen will still enable the accused's Charter rights as the person is exercising a government function.<ref>
{{CanLIIRP|Lerke|1nnwz|1986 ABCA 15 (CanLII)| CR (3d) 324, 24 CCC (3d) 129}}{{perABCA|Laycraft CJ}}<br>
{{CanLIIRP|McCowan|fkdz2|2011 ABPC 79 (CanLII)|509 AR 202}}{{perABPC|Fradsham J}}<br>
</ref>

'''Contra''': Where the actions of a private citizens are not at the direction of the state, the Charter does not apply to the conduct of persons operating under s. 494.<ref>
{{CanLIIRP|Skeir|1kxs2|2005 NSCA 86 (CanLII)|196 CCC (3d) 353}}{{perNSCA|Fichaud JA}}<br>
{{CanLIIRP|Buhay|1g6p7|2003 SCC 30 (CanLII)|[2003] 1 SCR 631}}{{perSCC-H|Arbour J}}
</ref>

{{reflist|2}}