Peace Officers: Difference between revisions

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</ref>
* municipal by-law enforcement officer<Ref>
* municipal by-law enforcement officer<Ref>
R v Laramee (1972), 9 CCC (2d) 433 (N.W.T. Mag. Ct.){{NOCANLII}} cited in Parsons, [http://canlii.ca/t/5mhr 2001 ABQB 42] (CanLII), at para 14<br></ref>
R v Laramee (1972), 9 CCC (2d) 433 (N.W.T. Mag. Ct.), [http://canlii.ca/t/gccqb 1972 CanLII 1365] (NWT TC), cited in Parsons, [http://canlii.ca/t/5mhr 2001 ABQB 42] (CanLII), at para 14<br></ref>
* an off-duty young offender corrections officer<ref>
* an off-duty young offender corrections officer<ref>
R v Pillipow, [http://canlii.ca/t/5bps 2003 SKQB 49 ](CanLII),</ref>
R v Pillipow, [http://canlii.ca/t/5bps 2003 SKQB 49 ](CanLII),</ref>
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Wright v The Queen, [http://canlii.ca/t/g7cbt 1973 CanLII 858] (SK QB), [1973] 6 W.W.R. 687 (Sask.)<br>
Wright v The Queen, [http://canlii.ca/t/g7cbt 1973 CanLII 858] (SK QB), [1973] 6 W.W.R. 687 (Sask.)<br>
R v Ingram, [http://canlii.ca/t/g7hbr 1974 CanLII 985] (SK CA), 1974 CarswellSask 79, [1974] 5 W.W.R. 759, 18 CCC (2d) 200<br>
R v Ingram, [http://canlii.ca/t/g7hbr 1974 CanLII 985] (SK CA), 1974 CarswellSask 79, [1974] 5 W.W.R. 759, 18 CCC (2d) 200<br>
R v Laramee, [1972] 6 W.W.R. 30, 9 CCC (2d) 433 (N.W.T.){{NOCANLII}}<br>
Laramee{{supra}}<br>
</ref>
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When doing anything outside of the enabling legislation they are considered civilians.<ref>
When doing anything outside of the enabling legislation they are considered civilians.<ref>

Revision as of 08:10, 23 October 2018

General Principles

See also: Criminal Code and Related Definitions

The law vests a "peace officer" with a number of powers and immunities, including the powers relating to detention, arrest, search, and seizure.

Statutory Definition

"Peace Officer" is defined under s. 2:

2
...
“peace officer” includes

(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,
(b) a member of the Correctional Service of Canada who is designated as a peace officer pursuant to Part I of the Corrections and Conditional Release Act, and a warden, deputy warden, instructor, keeper, jailer, guard and any other officer or permanent employee of a prison other than a penitentiary as defined in Part I of the Corrections and Conditional Release Act,
(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,
(c.1) a designated officer as defined in section 2 of the Integrated Cross-border Law Enforcement Operations Act, when
(i) participating in an integrated cross-border operation, as defined in section 2 of that Act, or
(ii) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation,
(d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts,
(d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act,
(e) a person designated as a fishery guardian under the Fisheries Act when performing any duties or functions under that Act and a person designated as a fishery officer under the Fisheries Act when performing any duties or functions under that Act or the Coastal Fisheries Protection Act,
(f) the pilot in command of an aircraft
(i) registered in Canada under regulations made under the Aeronautics Act, or
(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft registered in Canada under those regulations,
while the aircraft is in flight, and
(g) officers and non-commissioned members of the Canadian Forces who are
(i) appointed for the purposes of section 156 of the National Defence Act, or
(ii) employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;

...
R.S., 1985, c. C-46, s. 2; ... 2003, c. 21, s. 1; 2004, c. 3, s. 1; 2005, c. 10, s. 34, c. 38, s. 58, c. 40, ss. 1, 7; 2006, c. 14, s. 1; 2007, c. 13, s. 1; 2012, c.1, s. 160, c. 19, s. 371; 2013, c. 13, s. 2; 2014, c. 17, s. 1, c. 23, s. 2, c. 25, s. 2; 2015, c. 3, s. 44, c. 13, s. 3, c. 20, s. 15.


– CCC

The definition of "peace officer" within the Code "serves only to grant additional powers to enforce the criminal law to persons who must otherwise operate within the limits of their statutory or common law sources of authority".[1]

The list in s. 2 is not comprehensive and can include other persons not listed in the section.

Professions That are Not Peace Officers
Peace officers do not include:

  • a private bailiff[2]
  • municipal by-law enforcement officer[3]
  • an off-duty young offender corrections officer[4]

This does not mean that these professions cannot be peace officers. It only means that unless they are specifically made peace officers under other legislation they will not be definition fit into the definition of "peace officer" under s. 2 of the Code.

Provincial and federal acts will appoint persons to be "peace officers" within the meaning of the Criminal Code. In these cases, this designation will be limited to Criminal Code peace officer powers while the officer is in execution of duties under the enabling Act and not pursuant to Criminal Code offences.[5] When doing anything outside of the enabling legislation they are considered civilians.[6]

  1. ↑ R v Nolan, 1987 CanLII 66 (SCC), [1987] 1 SCR 1212 at para 20 per Dickson CJ
  2. ↑ R v Burns, 2002 MBCA 161 (CanLII) at paras 8 to 10
    R c Boisseau, 1981 CanLII 2538 (QC CM), [1981] R.L. 155 - superior court bailiff
  3. ↑ R v Laramee (1972), 9 CCC (2d) 433 (N.W.T. Mag. Ct.), 1972 CanLII 1365 (NWT TC), cited in Parsons, 2001 ABQB 42 (CanLII), at para 14
  4. ↑ R v Pillipow, 2003 SKQB 49 (CanLII),
  5. ↑ see e.g. R v Beaman, [1963] SCR 445, 1963 CanLII 73 (SCC)
    Wright v The Queen, 1973 CanLII 858 (SK QB), [1973] 6 W.W.R. 687 (Sask.)
    R v Ingram, 1974 CanLII 985 (SK CA), 1974 CarswellSask 79, [1974] 5 W.W.R. 759, 18 CCC (2d) 200
    Laramee, supra
  6. ↑ R v Thibeault, 2007 NBCA 67 (CanLII) at para 15

Federal Agencies

A customs officer or excise officer is a peace officer under s. 2(d) when conducting duties under the Customs Act.[1] Sections 163.4 and 163.5 of the Customs Act authorizes customs officers to have the same powers as a peace officer under the Criminal Code in a limited context.[2]

  1. ↑ Thibeault v R., 2007 NBCA 67 (CanLII) at para 15
  2. ↑ see Customs Act s. 163.4 and 163.5

Other Members of Law Enforcement Agencies

A traffic patrol officer can be a peace officer.[1]

A police constable under s. 44 of the Railway Safety Act is a peace officer.[2]

A "special constable" is a peace officer only for the limited purpose of their mandate.[3]

  1. ↑ R v McCloy, 1987 CanLII 4476 (SK QB), (1987), 2 M.V.R. (2d) 293, 64 Sack. R. 166, Noble J. (Q.B.)
  2. ↑ R v Lord, 2010 BCSC 1046 (CanLII)
  3. ↑ R v Semeniuk, 2007 BCCA 399 (CanLII), at para 15

Other Members of Municipal Organizations

A pound-keeper can be a peace officer.[1]

An animal control officer is only an officer for the limited purpose of "enforcing animal control legislation".[2]

  1. ↑ R v Moore, [1983] 5 W.W.R. 176(*no CanLII links)
  2. ↑ R v Jones and Huber, [1975] 5 W.W.R. 97, (Yukon Mag. Ct.)(*no CanLII links)

Wildlife Officers

Across many provinces, game wardens, conservation officers and wildlife officers can be a peace officer within the meaning of s. 2(c) of the Code when enforcing enabling provincial legislation.[1]

  1. ↑ R v Beaman, [1963] SCR 445, 1963 CanLII 73 (SCC) - a game warden under the Game Act (NB)
    R v Jones, [1975] 5 W.W.R. 97, 30 C.R.N.S. 127 (Y.T.)(*no CanLII links) - peace officer under s. 2(c)
    R v Rutt, 1981 CanLII 2083 (SK CA), (1981), 59 CCC (2d) 147 - conservation officer under the Wildlife Act (Sask)
    R v Rushton, (1981), 62 CCC (2d) 403 (N.B.C.A.)(*no CanLII links) - game warden
    R v Goy (1969), 5 C.R.N.S. 385, 67 W.W.R. 375(*no CanLII links) - wardens appointed under the wildlife act is a peace officer
    R v Cook, 2006 SKPC 41 (CanLII)

Military Officers

Under s. 2(g) a military police officer is a peace officer.[1]

A military police officer does not have authority outside of the base to deal with civilians.[2]

  1. ↑ R v Bryden, 1995 CanLII 4542 (NS SC), (1995), 13 M.V.R. (3d) 89, 139 N.S.R. (2d) 131, 397 A.P.R. 131
    R v Nolan, [1987] 1 SCR 1212, 1987 CanLII 66 (SCC)
    R v Haynes, 1994 CanLII 4160 (NS CA)
    R v Harvey, 1979 ABCA 275 (CanLII)
    R v Smith, 1982 CanLII 358 (BC CA)
    R v Cogswell (1979), 2 M.V.R. 34, [1979] NBJ No. 31 (N.B.C.A.)(*no CanLII links)
  2. ↑ Harvey, supra

Aboriginal and First Nations Officers

Aboriginal police are governed by provincial police acts.[1]

A special constable appointed under the Police Act to serve as a band constable.[2]

A first nations constable have authorization out side of the territorial limits of the reserve.[3]

First nations peacekeepers[4] and first nations constables (in limited circumstances) [5] are not peace officers.

  1. ↑ s. 87 of the Police Act (NS)
    s. 38 of the Police Act (NB)
  2. ↑ R v Whiskeyjack, 1984 ABCA 336 (CanLII)
    R v Stephens, 1995 CanLII 626 (ON CA)
  3. ↑ R v Decorte, 2003 CanLII 57434 (ON CA), [2005] 1 SCR 133, 2005 SCC 9 (CanLII)
  4. ↑ R v Suggashie, 2012 ONSC 2292 (CanLII) at paras 22 to 29
  5. ↑ R v Decorte, [2005] 1 SCR 133, 2005 SCC 9 (CanLII)

See Also

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