Arrest and Detention

Question 1

How is an arrest authorized

Answer 1

With and without a warrant

Question 2

What kind of warrant is judicially auhtorized?

Answer 2

Arrest with a warrant

Question 3

What kind of warrant is authorized by statute?

Answer 3

Arrest without a warrant

Question 4

What is the authority to arrest within the Canadian Criminal Code?

Answer 4

495(1)

Question 5

What are Criminal Offences (any federal offence)?

Answer 5

Any offence found committing, about to commit or have already committed

Question 6

What offences are Indictable Offences?

Answer 6

Pretty much any Federal offense found in the criminal code

Question 7

What section of the Canadian Criminal Code limits your auhtority?

Answer 7

495(2)

Question 8

How do you know when to carry out an arrest when dealing with a summary conviction?

Answer 8

Repetition
Identity
Court
Evidence

Question 9

What will Provincial Offences (summary convictions) always have?

Answer 9

1. Statues under which the offence is committed
2. Regulations made pursuant to the statute
3. No authority to arrest found in the statute. That can be found in section 4 of SOPA or 495(1) of the Canadian Criminal Code

Question 10

Causing a disturbance in a provincial parks falls under what section?

Answer 10

s 53 of The Parks Regulations

Question 11

Arrest and Detention will trigger rights under what section of the charter

Answer 11

section10

Question 12

How long can you hold someone in custody after you’ve arrested them?

Answer 12

24 hours

Question 13

What are the six duties the peace officer must
complete

Answer 13

Identify self as a peace officer
Advise the arrestee they are under arrest
Take physical custody of the arrestee
Advise the arrestee the reason for the arrest
Advise the arrestee they have the right to
retain and instruct counsel without delay
If arrest is pursuant to warrant – produce it (if
feasible)