Arrest by a Citizen: Difference between revisions
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[[Fr:Arrestation_par_un_citoyen]] | |||
{{Currency2|January|2015}} | |||
{{LevelZero}}{{HeaderArrest}} | {{LevelZero}}{{HeaderArrest}} | ||
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R.S., {{LegHistory80s|1985, c. C-46}}, s. 494; | R.S., {{LegHistory80s|1985, c. C-46}}, s. 494; | ||
{{LegHistory10s|2012, c. 9}}, s. 3.{{Annotation}} | {{LegHistory10s|2012, c. 9}}, s. 3.{{Annotation}} | ||
| | |{{CCCSec2|494}} | ||
|{{NoteUp|494|1|2|3|4}} | |{{NoteUp|494|1|2|3|4}} | ||
}} | }} | ||
"Finds committing" requires that the arresting person discover the suspect "in the very act of committing an offence" | "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> | </ref> | ||
; "indictable offences" | ; "indictable offences" | ||
Any reference to "indictable offences" in s. 494 include hybrid offences.<Ref> | 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> | </ref> | ||
; "forthwith" | ; "forthwith" | ||
The meaning of "forthwith" in the Criminal Code means "as soon as is reasonably practiable under all the circumstances" | 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]] | see [[Forthwith Under Section 254]] | ||
</ref> | </ref> | ||
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; Constitutionality | ; Constitutionality | ||
An arrest by a private citizen will still enable the accused's Charter rights as the person is exercising a government function.<ref> | 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> | </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> | '''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> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
Latest revision as of 07:05, 23 July 2024
| This page was last substantively updated or reviewed January 2015. (Rev. # 95694) |
General Principles
- 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.
- 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 [protection of persons acting under authority].
R.S., 1985, c. C-46, s. 494; 2012, c. 9, s. 3.
[annotation(s) added]
"Finds committing" requires that the arresting person discover the suspect "in the very act of committing an offence."[1]
- "indictable offences"
Any reference to "indictable offences" in s. 494 include hybrid offences.[2]
- "forthwith"
The meaning of "forthwith" in the Criminal Code means "as soon as is reasonably practiable under all the circumstances."[3]
- Constitutionality
An arrest by a private citizen will still enable the accused's Charter rights as the person is exercising a government function.[4]
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.[5]
- ↑
R v Abel & Corbett, 2008 BCCA 54 (CanLII), 229 CCC (3d) 465, per Frankel JA, at para 31
- ↑ R v Huff, 1979 ABCA 234 (CanLII), 50 CCC (2d) 324, per Laycraft JA
- ↑
R v Cunningham (1979), 49 CCC (2d) 390(*no CanLII links)
see Forthwith Under Section 254 - ↑
R v Lerke, 1986 ABCA 15 (CanLII), CR (3d) 324, 24 CCC (3d) 129, per Laycraft CJ
R v McCowan, 2011 ABPC 79 (CanLII), 509 AR 202, per Fradsham J
- ↑
R v Skeir, 2005 NSCA 86 (CanLII), 196 CCC (3d) 353, per Fichaud JA
R v Buhay, 2003 SCC 30 (CanLII), [2003] 1 SCR 631, per Arbour J