Arrest Authorities
Canadian law allows citizens to arrest others who are or have committed a crime. However, there are certain limitations on the ability of a citizen to arrest.
Security Guards affect arrests in Canada under the same authority as a citizen.
Police officers conduct arrests under Criminal Code Section 495.
The Criminal Code provisions which empowers ordinary citizens to make arrest is found under section 494. It reads as follows:
Section 494 of the Criminal Code of Canada – “Citizen’s Arrest”
Arrest without warrant by any person
- (1) Any one may arrest without warrant
(a) a person whom he finds committing an indictable offence; or
(b) a person who, on reasonable grounds, he believes
(i) has committed a criminal offence, and
(ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.
Arrest by owner, etc., of property
(2) Any one who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property,
may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
Delivery to peace officer
(3) Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace
officer.
In summery, citizens are allowed to make a citizen’s arrest when they catch a person committing the crime. The term find committing means you personally saw the crime being committed.
However, if you did not observe the crime, but were provided enough credible information “Reasonable Grounds” that a crime was committed, and the suspect is currently being pursued by someone with lawful authority to arrest the individual, you may arrest the suspect at that time.
For example: You are a security guard working at a shopping center and you receive information on your radio from your partner. Your partner is indicating that an individual broke a window and is running away in the mall in attempts to escape. Should you observe the suspect, you are authorized to conduct the arrest. Even though you did not personally witness the crime being committed, You are able to affect the arrest because you were provided with reasonable information “Reasonable Grounds” from your partner that a crime was committed, and the suspect is currently being perused by your partner whos has legal authority to affect the arrest.
Extreme Caution Should Be Taken When Attempting A Citizen’s Arrest.
Whatever the case maybe, it is very important a citizen’s arrest is made only in the clearest of cases.
In all circumstances that result in an arrest, police must be immediately contacted and the suspect turned over to their custody as soon as possible. Failure to turn the suspects over to the custody of the police as soon as possible could invalidate the arrest, and result in criminal charges or a civil action.
It is suggested when making a citizen’s arrest, the following steps should be taken:
- Advise the suspect the fact you’re making an arrest and that he or she is detained until the police arrive.
- Request the suspect cooperate until the police arrive.
- Call the police to advise them you have made an arrest.
- Use no force, if at all possible, and if required use it only to the extent needed.
- Upon police arrival, provide in as much detail as possible what occurred.
When making an arrest, only use as much force as necessary in order to effect the citizen’s arrest. Any force used beyond what is require and justifiable could be viewed as excessive.
When completing a lawful arrest, provide the following verbal command to the suspect:
- Identify Yourself. “Hello I am a Security Guard”
- Notify the suspect they are under arrest. “You are under arrest”
- Provide the reason for the arrest. ” You are under arrest for Assault”
- At that time, you may proceed to take physical control and affect the arrest.
