Arrest by a Citizen: Difference between revisions
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==General Principles== | ==General Principles== | ||
{{seealso|Warrantless Arrests}} | {{seealso|Warrantless Arrests}} | ||
{{ | {{quotation2| | ||
; Arrest without warrant by any person | ; Arrest without warrant by any person | ||
494. (1) Any one may arrest without warrant | 494. (1) Any one may arrest without warrant | ||
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{{LegHistory10s|2012, c. 9}}, s. 3.{{Annotation}} | {{LegHistory10s|2012, c. 9}}, s. 3.{{Annotation}} | ||
|[{{CCCSec|494}} CCC] | |[{{CCCSec|494}} CCC] | ||
|{{NoteUp|}} | |{{NoteUp|494|1|2|3|4}} | ||
}} | }} | ||
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</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> | ||
''R v Skeir'', [http://canlii.ca/t/1kxs2 2005 NSCA 86] (CanLII){{perNSCA|Fichaud JA}}<Br> | ''R v Skeir'', [http://canlii.ca/t/1kxs2 2005 NSCA 86] (CanLII){{perNSCA|Fichaud JA}}<Br> | ||
''R v Buhay'', [2003] 1 SCR 631, [http://canlii.ca/t/1g6p7 2003 SCC 30] (CanLII){{perSCC|Arbour J}} | ''R v Buhay'', [2003] 1 SCR 631, [http://canlii.ca/t/1g6p7 2003 SCC 30] (CanLII){{perSCC|Arbour J}} | ||
Revision as of 11:29, 5 May 2020
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), per Frankel JA, at para 31
- ↑ R v Huff, 1979 ABCA 234 (CanLII), per Laycraft JA
- ↑
R v Cunningham (1979), 49 CCC (2d) 390(*no CanLII links)
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), per Arbour J