Arrest Procedure: Difference between revisions
m Text replacement - "Taking Photograph and Fingerprints of Accused Persons" to "Taking Photographs and Fingerprints of Accused Persons" |
m Text replacement - "[[Post-Charge Detention" to "[[Initial Post-Charge Detention" |
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* [[Right to be Informed of Reasons for Arrest or Detention|Right to be Informed of Charges]] | * [[Right to be Informed of Reasons for Arrest or Detention|Right to be Informed of Charges]] | ||
* [[Taking Photographs and Fingerprints of Accused Persons]] | * [[Taking Photographs and Fingerprints of Accused Persons]] | ||
* [[Post-Charge Detention]] | * [[Initial Post-Charge Detention]] | ||
* Release | * Release | ||
** [[Release by Police]] | ** [[Release by Police]] | ||
** [[Judicial Interim Release]] | ** [[Judicial Interim Release]] | ||
* [[Acting in Authority]] - Immunity for Use of Force | * [[Acting in Authority]] - Immunity for Use of Force | ||
Revision as of 20:27, 26 February 2018
Introduction
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:[1]
- 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:[2]
- 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 [1970] 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, [2009] 2 SCR 353, 2009 SCC 32 (CanLII) at paras 54-6
Identification
Once a person is lawfully arrested they have an obligation to identify themselves.[1] Failure to do so may result in an offence of obstruction.[2]
- ↑ R v Pauli, 2014 SKQB 246 (CanLII)
- ↑ e.g. Pauli, ibid.
Notice Upon Arrest
Duty of person arresting
29 (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so.
Notice
(2) It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of
- (a) the process or warrant under which he makes the arrest; or
- (b) the reason for the arrest.
Failure to comply
(3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility.
R.S., c. C-34, s. 29.
– CCC
Topics
- Alternatives to Charging
- Warrantless Arrests and Warrant Arrests
- Reasonable and Probable Grounds to Arrest
- Right to be Informed of Reasons for Arrest or Detention (s. 10(a))
- Right to Counsel (s. 10(b))
- Right of Youth to Notify Parents
- Right Against Self-Crimination
- Voluntariness
- Right to be Informed of Charges
- Taking Photographs and Fingerprints of Accused Persons
- Initial Post-Charge Detention
- Release
- Acting in Authority - Immunity for Use of Force