Arrest and Release

Question 1

Arrest Authorities

Answer 1

Section 494 of the Criminal Code (CC) provides authorities for arrest without warrant by any person.
In addition to the authorities to arrest without warrant given to any person in s. 494 CC, a peace officer is given additional authorities under ss. 495(1), 524(2), 525(6) and 31(1) CC. A peace officer may arrest any person who
495(1)
a) has committed an indictable offence, or a person the officer believes on reasonable grounds has committed or is about to commit an indictable offence
b) the officer finds committing a criminal offence
c) on reasonable grounds, the officer believes is wanted on a warrant of arrest or committal,
which is in force within the territorial jurisdiction where the person is found, or
524(2) and 525(6)
d) has contravened or is about to contravene the terms of a criminal release
e) has committed an indictable offence while on release for a criminal offence
31(1)
f) is found committing or it is believed on reasonable grounds is about to commit a breach of the peace

Question 2

Continuation of Arrest

Answer 2

A police officer shall not arrest a person without warrant for summary conviction, dual procedure or 553 indictable offences where there are reasonable grounds to believe the public interest has been satisfied having regard to all the circumstances including the need to
 establish the identity of the person
 secure or preserve evidence
 prevent the continuation or repetition of an offence
 ensure that the accused will appear in court
 ensure the safety and security of any victim or of witness to the offence.

Question 3

In circumstances where the public interest is satisfied, an offender must be released

Answer 3

 unconditionally with no intent to proceed to court
 unconditionally with intent to seek a criminal summons, or
 by way of an Appearance Notice (Form 9).

Question 4

In circumstances where a continued detention is justified, must be brought to who?

Answer 4

the arrested person must be taken before an Officer in Charge.
- The lack of appropriate release documentation to be served at an arrest scene is not a valid reason for the continuation of an arrest.

Question 5

Arrest in a Dwelling-House (Feeney Warrants)
As a general rule, police officers are required to obtain a warrant prior to entering a dwelling–house to arrest a person.
Entry to a dwelling–house to affect an arrest is prohibited unless

Answer 5

 the arrest warrant is endorsed with an authorization to enter under ss. 529(1) CC, or
 the arrest warrant is accompanied by a separate entry authorization warrant issued under s. 529.1 CC, or
 when there are reasonable grounds to suspect that entry into the dwelling–house is necessary to prevent imminent bodily harm or death to any person, or
 when there are reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling–house and that entry into the dwelling–house is necessary to prevent the imminent loss or imminent destruction of evidence, or
 in circumstances of fresh pursuit.

Question 6

Prior to entering a dwelling–house to execute an arrest warrant, members shall, whenever possible, obtain

Answer 6

 an endorsement on the arrest warrant under ss. 529(1) CC, or
 an authorization warrant (Form 7.1) under s. 529.1 CC.
The authorization to enter may include such restrictions and conditions as the issuing Justice believes reasonable to place on the arrest process.

Question 7

members shall ensure proper announcement is made prior to entry (identification, purpose of entry, etc.) except

Answer 7

 as provided on the warrant, or
 where there are reasonable grounds to believe that prior announcement of the entry would
 expose the officer or any other person to imminent bodily harm or death, or
 result in the imminent loss or imminent destruction of evidence relating to the commission of an indictable offence.

Question 8

Positional Asphyxia

Answer 8

Members should be aware that certain restraint positions (i.e. stomach down) might compromise heart and lung functions increasing the risk of death. Unless circumstances make it impossible, persons should be restrained in a sitting position while being closely watched. Use of the sitting position permits easier breathing and cardiac function while affording good positional control over the individual.

Question 9

Excited delirium is a condition that can be caused by drug or alcohol intoxication, psychiatric illness or a combination of both. Symptoms displayed by persons suffering from the condition may include any combination of

Answer 9

 abnormal tolerance to pain
 abnormal tolerance to pepper spray
 acute onset of paranoia
 bizarre or aggressive behaviour
 disorientation
 hallucinations
 impaired thinking
 panic
 shouting
 sudden calm after frenzied activity
 sweating, fever, heat intolerance
 unexpected physical strength
 violence towards others.

Question 10

Race and Identity-Based Data Collection

Answer 10

As outlined in Procedure 16–07, the Toronto Police Services Board Policy entitled “Race-Based Data Collection, Analysis and Public Reporting” requires the Toronto Police Service (Service) to collect, analyze and publicly report on data related to the race of those individuals with whom Service members interact.

Question 11

Police Officer

When making an arrest shall

Answer 11

 identify themselves as a police officer
 inform the person that they are under arrest
 inform the person of the reason for the arrest
 take physical control of the person
 inform the person of the Right to Counsel, including the existence and availability of duty counsel and free legal advice (Legal Aid)
 ensure that the person understands the Right to Counsel
 search the person in compliance with Procedure 01–02
 place the person in handcuffs in accordance with training and utilize the double lock mechanism where possible
 when handcuffs are not used, be prepared to justify this decision
- Keeping in mind officer and public safety, officers may use discretion when determining whether to handcuff an individual as it may not be practical or necessary in all circumstances (e.g. due to a person’s medical condition, age, disability, pregnancy, or frailty).
 allow reasonable access to a telephone as soon as practicable
 ensure that, when an arrested person has the care, charge or custody of another person who, because of age, physical or medical condition, is unable to care for themselves, every effort is made to obtain interim care for the dependent person

Question 12

In all cases of arrest, regardless of the authority used or whether charges are laid, shall

Answer 12

 conduct a Person Query, including a CPIC check, obtaining details on any positive result
 record pertinent information in the memorandum book including, but not limited to
 reason for the arrest
 reason for the release or continued detention of the person
 all details regarding the person (identification and description)
 all other relevant details regarding the incident
 complete the applicable eReports
 comply with the applicable release/detention procedure
 if the arrest involves an arrest warrant, check the Master Name Index (MNI); note any previous arrest number and case number and comply with the applicable procedure
 comply with Procedure 17–01, if applicable
 serve documents required for court on the person, if applicable
 submit all documents to the Officer in Charge prior to the completion of the tour of duty

Question 13

When considering the continued detention of an arrested person who is accompanied by a guide dog due to blindness, visual impairment, hearing impairment, or other physical disability, shall

Answer 13

 make reasonable effort to have the guide dog accommodated by friends or relatives, or contact the Toronto Police Operations Centre (TPOC) for further resources such as Canine Vision Canada or the Humane Society
 not transport the guide dog to court with the prisoner

Question 14

When releasing a person following arrest shall make reasonable efforts to ensure

Answer 14

the safety of other persons who may be affected by the release and the safety of the person being released, having regard for the circumstances and the time and place of release.

Question 15

When dealing with an incident involving a person who provides identification as a diplomatic or consular official shall

Answer 15

 not arrest a person on these premises

- Foreign embassies and consulates are considered foreign land and outside the jurisdiction of police officers.

Question 16

When arresting a foreign national

Answer 16

 should not normally arrest a person during a religious ceremony or judicial hearing

Question 17

Officer in Charge

When an arrest has been made shall ensure

Answer 17

 consideration is given to the public interest in deciding to continue the detention of an arrested person including the need to
 establish the identity of that person
 secure or preserve evidence
 prevent the continuation or repetition of an offence
 ensure that the accused will appear in court
 ensure the safety and security of any victim of or witness to the offence
 all required eReports are completed promptly
 the particulars are recorded in the Unit Commanders Morning Report (UCMR), as required
 compliance with the appropriate release provisions of the CC pursuant to the respective procedure
When releasing a person shall ensure they have been served with a TPS 493.