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.

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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

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