The purpose of Canadian law: to protect Canadian society by trying to balance investigative/arrest rights of the police with the individual rights and freedoms of society.
To arrest someone, the police must:
- Determine that an offense has been committed
- Have reasonable grounds to believe that the suspect committed the offense
3 ways to apprehend:
- An appearance notice (summary, hybrid, less serious indictable)
Names the offense
Gives time/place of court appearance
- An arrest
Inform suspect they’re under arrest
Read rights (section 10a, b)
- A warrant for an arrest
- Summons: when the accused runs from the crime scene, a summons is delivered to him to inform him/her to appear at a certain time/place
- Warrant for arrest: lists the accused, offences, order for the arrest
Citizens Arrest:
- Anyone may arrest without warrant if:
- A person is committing an indictable offence
- Has committed a criminal offence
- Escaping arrest
- They are the owner of the property
- They are authorized by the owner of the property
