Fed Law 5 - Peace Officer’s Powers of Arrest Steps to a Lawful Arrest

Question 1

What is Reasonable grounds?

Answer 1

“….. an arresting officer must subjectively have reasonable and probable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view. That is to say, a reasonable person placed in the position of the
officer must be able to conclude that there were reasonable and probable grounds for the arrest.”

• Reasonable and Probable Grounds = Reasonable Grounds

Question 2

What is reasonable grounds?

Answer 2

• Reasonable Grounds – will always be a question of fact depending on the circumstances of each case
• Suspicious circumstances will never be enough.
• Reasonable Grounds mean that there must be such facts as would cause a reasonable person to believe that the suspect has committed or is about to commit an offence.
• It means that the officer’s belief must be justifiable not only from a subjective point of view, but also from an objective point of view.

Question 3

What questions to ask for Reasonable Grounds?

Answer 3

1. Is there some basis in fact as opposed to mere
   suspicion or hunch for my decision to arrest?
2. Can I point to some fact (apart from suspicion) by
   which reasonable people would say that I had
   cause to act?

Question 4

What is R.C.A?

Answer 4

Recognize
Classify
Authority

Question 5

What are the reason for arrest?

Answer 5

PIC

1. Prevent the continuation
2. To Investigate further
3. To ensure Court appearance

Question 6

What is section 495?

Answer 6

Peace Officer’s Powers

A peace officer MAY arrest without warrant
• 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

Question 7

495 continued

Answer 7

A peace officer MAY arrest without warrant

• a person whom he finds committing a criminal offence; or

Question 8

495 continued

Answer 8

A peace officer MAY arrest without warrant
• Reasonable grounds to believe
• Arrest warrant OR
• Committal warrant
• In force within
• Territorial jurisdiction where person found

Question 9

What are the most common arrest warrants? (Warrants to arrest)

Answer 9

• Warrant in the First instance (arrest warrant)
• Bench Warrant

If the above warrants are endorsed by a Justice under s. 507(6) C.C. a
peace officer may exercise discretion and release on an appearance notice
or an undertaking. You don’t have to release but you may.

Committal Warrant
Material Witness Warrant

Question 10

When can a peace officer arrest an accused without a warrant? (S.495)

Answer 10

A peace officer who believes on reasonable grounds that an accused:
has contravened or is about to contravene a
• summons
• appearance notice
• undertaking or
• release order
that was issued or given to the accused or entered into by the accused
OR

Question 11

Question 10 Continued

Answer 11

has committed an indictable offence while being subject to a
• summons
• appearance notice
• undertaking or
• release order

MAY arrest the accused without a warrant for the purpose of taking them
before a Judge or Justice to be dealt with under Section 524

Question 12

What is a breach of the peace?

Answer 12

S.31 C.C.
harm is actually or likely to be done to a person, or
• in his/her presence, to his/her property, or
• a person is in fear of being so harmed through an assault, affray or riot.

When we think of Breach of the Peace we think of health and safety,
people and property

Question 13

When can an officer enforce “Breach of the Peace?

Answer 13

Peace Officer
• Witnesses Breach of the Peace OR
• Reasonable Grounds a person is about to join in or renew Breach of
the Peace

• Only a procedural arrest - no offence
• Can be used to de-escalate a situation if no other authorities exist
• Do not use it as a catch–all - Do not misuse this authority

Question 14

What are the steps to a proper arrest? (6)

Answer 14

1. Identify yourself as a Police Officer
2. Tell the person they are under arrest (Judge’s Rule )
3. Tell the person the reason for the arrest (S. 10 (a) of the Charter and S. 29(2) C.C.)
4. Take Physical Control
5. Inform them of their Rights to Counsel (S. 10 (b) of the Charter)
6. Ensure they understand the reason for the arrest and their Rights to
   Counsel

Question 15

What is the primary or first caution?

Answer 15

Read the Caution (Judge’s Rule)

You (are charged, will be charged) with
______________________________
You are not obliged to say anything unless you wish to do so, but whatever you say may be given in evidence. Do you understand?

Question 16

What is the secondary caution? (If needed)

Answer 16

Secondary Caution to Charged Person:

If you have spoken to any Police Officer or to anyone with authority or if any such person has spoken to you in connection with this case, I want it clearly understood that I do not want it to influence you in making any statement. Do you understand?

Question 17

What is the Prosper Warning? (10b, Detainee changes his mind)

Answer 17

1. Tell detainee they have right to a reasonable opportunity to contact a lawyer
2. Detainee isn’t to participate in any incriminating process until reasonable opportunity satisfied (e.g. statements, breath tests)
3. Advise the investigation specific to detainee won’t continue unless their 10(b) right exercised
4. Ensure that the accused or detainee’s decision to waive his/her right to counsel is fully informed because if it is not, all evidence subsequent could be excluded.