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Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"
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Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX) (view source)
Revision as of 00:34, 30 August 2022
, 00:34, 30 August 2022→1. Police powers
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=== 1. Police powers === | === 1. Police powers === | ||
The police may arrest without warrant any person who is committing a criminal offence of any type or who they believe on reasonable and probable grounds has committed or is about to commit an indictable offence (''Criminal Code'', s 495(1)). The police officer’s belief must be more than a mere “suspicion”. | The police may arrest without warrant any person who is committing a criminal offence of any type or who they believe on reasonable and probable grounds has committed or is about to commit an indictable offence (''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'', s 495(1)). The police officer’s belief must be more than a mere “suspicion”. | ||
Where the police believe on reasonable and probable grounds that a person has committed or is about to commit a summary offence, a hybrid offence, or an indictable offence listed in section 553 of the Criminal Code, that person cannot be arrested without warrant unless: | Where the police believe on reasonable and probable grounds that a person has committed or is about to commit a summary offence, a hybrid offence, or an indictable offence listed in section 553 of the Criminal Code, that person cannot be arrested without warrant unless: | ||
* the public interest requires it; and | * the public interest requires it; and | ||
* there are reasonable and probable grounds to believe that the person will fail to attend court (''Criminal Code'', s 495(2)). | * there are reasonable and probable grounds to believe that the person will fail to attend court (''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'', s 495(2)). | ||
“Public interest” includes the need to establish the person’s identity, the need to secure and preserve evidence, and the need to prevent the continuation or repetition of an offence or the commission of another offence. | “Public interest” includes the need to establish the person’s identity, the need to secure and preserve evidence, and the need to prevent the continuation or repetition of an offence or the commission of another offence. | ||
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An accused who is not arrested should be released with an appearance notice. Note that there are instances where, even though an arrest was unlawful, the person’s detention will not be deemed arbitrary. See sections 8, 9, 10, and 11 of the ''Charter'' for relevant constitutional provisions. | An accused who is not arrested should be released with an appearance notice. Note that there are instances where, even though an arrest was unlawful, the person’s detention will not be deemed arbitrary. See sections 8, 9, 10, and 11 of the ''Charter'' for relevant constitutional provisions. | ||
Regular citizens also have a right to detain people they see committing a crime. Under s 494(1) of the ''Criminal Code'', anyone can arrest a person without warrant if they find the person committing an indictable offence, have reasonable grounds to believe the person has committed an indictable offence, or if they see a person being pursued by anyone who has lawful authority to arrest the person. Section 494(2) gives store detectives the authority to arrest shoplifters. Under this section, a property owner or an agent working on the owner’s behalf may arrest, without warrant, any person who is committing a criminal offence in relation to the owner’s property. | Regular citizens also have a right to detain people they see committing a crime. Under s 494(1) of the ''[https://laws-lois.justice.gc.ca/eng/acts/c-46/ Criminal Code]'', anyone can arrest a person without warrant if they find the person committing an indictable offence, have reasonable grounds to believe the person has committed an indictable offence, or if they see a person being pursued by anyone who has lawful authority to arrest the person. Section 494(2) gives store detectives the authority to arrest shoplifters. Under this section, a property owner or an agent working on the owner’s behalf may arrest, without warrant, any person who is committing a criminal offence in relation to the owner’s property. | ||
=== 2. The ''Criminal Code'': The Law of Arrest and Release === | === 2. The ''Criminal Code'': The Law of Arrest and Release === | ||