Criminal Code of Canada

Question 1

s. 494(1) C.C.

Answer 1

ARREST WITHOUT WARRANT BY ANY PERSON – s. 494(1) C.C.
494(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.
Marginal note: Arrest by owner, etc., of property

Question 2

s. 494(2) C.C.

Answer 2

ARREST BY OWNER, ETC., OF PROPERTY – s. 494(2) C.C.
494(2) The owner or a person in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they find them committing a criminal offence on or in relation to that property and:
(a) they make the arrest at that time; or
(b) they make the arrest within a reasonable time after the offence is committed and they believe on `reasonable grounds that it is not feasible in the circumstances for a peace officer to make the arrest.
Marginal note: Delivery to peace officer

Question 3

494(3)

Answer 3

Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

Question 4

s. 495(1) C.C.

Answer 4

ARREST WITHOUT WARRANT BY PEACE OFFICER – s. 495(1) C.C.
495(1) A peace officer may arrest without warrant:
(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;
(b) a person whom he finds committing a criminal offence; or
(c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.