Arrest by a Citizen: Difference between revisions

Revision as of 12:42, 6 February 2020

General Principles

See also: Warrantless Arrests

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]

– CCC

"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]

Cf.: 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), per Frankel JA, at para 31
↑ R v Huff, 1979 ABCA 234 (CanLII), per Laycraft JA
↑ R v Cunningham (1979), 49 CCC (2d) 390(complete citation pending)
see Forthwith Under Section 254
↑ R v Lerke (1986), 49 C.R. (3d) 324, 24 CCC (3d) 129, 1986 ABCA 15 (CanLII), (ABCA), per Laycraft CJ
R v McCowan, 2011 ABPC 79 (CanLII), per Fradsham J
↑ R v Skeir, 2005 NSCA 86 (CanLII), per Fichaud JA
R v Buhay, [2003] 1 SCR 631, 2003 SCC 30 (CanLII)(complete citation pending)

[1] R v Abel & Corbett, 2008 BCCA 54 (CanLII), per Frankel JA, at para 31

[2] R v Huff, 1979 ABCA 234 (CanLII), per Laycraft JA

[3] R v Cunningham (1979), 49 CCC (2d) 390(complete citation pending)
see Forthwith Under Section 254

[4] R v Lerke (1986), 49 C.R. (3d) 324, 24 CCC (3d) 129, 1986 ABCA 15 (CanLII), (ABCA), per Laycraft CJ
R v McCowan, 2011 ABPC 79 (CanLII), per Fradsham J

[5] R v Skeir, 2005 NSCA 86 (CanLII), per Fichaud JA
R v Buhay, [2003] 1 SCR 631, 2003 SCC 30 (CanLII)(complete citation pending)

[1]

[2]

[3]

[4]

[5]

@@ Line 20: / Line 20: @@
 <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 {{AnnSec2|25}}.
+(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;