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| ==Out of Province Warrantless Arrests== | | ==Out of Province Warrantless Arrests== |
| * [[Out of Province Warrantless Arrest]] | | * [[Out of Province Warrantless Arrest]] |
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| ==Deeming to Act Lawfully==
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| {{quotation2|
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| 495 {{AnnSec4|495}}<br>
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| {{Removed|(1) and (2)}}
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| ; Consequences of arrest without warrant
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| (3) Notwithstanding subsection (2) {{AnnSec4|495(2)}}, a peace officer acting under subsection (1) {{AnnSec4|495(1)}} is deemed to be acting lawfully and in the execution of his duty for the purposes of
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| :(a) any proceedings under this or any other Act of Parliament; and
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| :(b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2) {{AnnSec4|495(2)}}.
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| R.S., {{LegHistory80s|1985, c. C-46}}, s. 495;
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| R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 75.
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| {{Annotation}}
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| |[{{CCCSec|495}} CCC]
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| |{{NoteUp|495|3}}
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| }}
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| {{quotation2|
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| 498 {{AnnSec4|498}}<br>
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| {{removed|(1), (1.01), (1.1) and (2)}}
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| ; Consequences of non-release
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| (3) A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1) {{AnnSec4|498(1)}}, and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of
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| :(a) any proceedings under this or any other Act of Parliament; or
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| :(b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1) {{AnnSec4|498(1)}}.
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| R.S., {{LegHistory80s|1985, c. C-46}}, s. 498;
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| R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 186;
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| {{LegHistory90s|1997, c. 18}}, s. 52;
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| {{LegHistory90s|1998, c. 7}}, s. 2;
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| {{LegHistory90s|1999, c. 25}}, ss. 4, 30(Preamble);
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| {{LegHistory10s|2019, c. 25}}, s. 213.
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| {{Annotation}}
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| |[{{CCCSec|498}} CCC]
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| |{{NoteUp|498|3}}
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| }}
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| {{quotation2|
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| 503 {{AnnSec5|503}}<br>
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| {{removed|(1), (1.1), (2), (2.1), (2.2), (2.3), (3), (3.1) and (4)}}
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| ; Consequences of non-release
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| (5) Despite subsection (4) {{AnnSec5|503(4)}}, a peace officer having the custody of a person referred to in that subsection who does not release the person before the expiry of the time prescribed in paragraph (1)(a) {{AnnSec5|503(1)(a)}} or (b) {{AnnSec5|503(1)(b)}} for taking the person before the justice shall be deemed to be acting lawfully and in the execution of the peace officer’s duty for the purposes of
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| :(a) any proceedings under this or any other Act of Parliament; or
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| :(b) any other proceedings, unless in those proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (4) {{AnnSec5|503(4)}}.
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| <br>
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| R.S., {{LegHistory80s|1985, c. C-46}}, s. 503;
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| R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 77;
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| {{LegHistory90s|1994, c. 44}}, s. 42;
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| {{LegHistory90s|1997, c. 18}}, s. 55;
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| {{LegHistory90s|1998, c. 7}}, s. 3;
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| {{LegHistory90s|1999, c. 25}}, s. 7(Preamble);
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| {{LegHistory10s|2019, c. 25}}, s. 217.
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| {{annotation}}
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| |[{{CCCSec|503}} CCC]
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| |{{NoteUp|503|5}}
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| }}
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| Section 495(3) should be construed to deny any defence for failure to comply with 495(2).<ref>
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| ''R v Adams'', [http://canlii.ca/t/gbmk5 1972 CanLII 867] (SK CA){{perSKCA|Culliton CJ}}
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| </ref>
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| Notably there is no similar deeming provision in relation to the obligations under s. 503 which requires the accused to be brought to a justice.
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| {{reflist|2}}
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| ==See Also== | | ==See Also== |
