Federal Law Five

Question 1

Making a citizens arrest: 6 steps

Answer 1

.Tell the suspect plainly that you are making a citizen’s arrest and that you are holding him or her until police arrive.

2.Call the police.

3.Ask explicitly for his or her cooperation until police arrive.

4.Avoid using force, if at all possible, and use it to the minimum possible otherwise.

5.Do not question or search the suspect or his or her possessions. Your purpose is only to temporarily detain him or her until police arrive.

6.When police arrive, state the plain facts of what happened

Question 2

Arrest without warrant - Any person

Section 494 (1) (a) C.C

(The Finds Committing Clause)

Answer 2

Anyone MAY arrest without warrant,

A person whom he FINDS COMMITING and indictable offence

Question 3

Arrest Without Warrant - Any Person

Section 494 (1) (b) C.C

(The Helper Clause)

Answer 3

Anyone may arrest without warrant:
- A person who, on reasonable grounds, he believes has committed a criminal offence AND
is escaping from AND
freshly pursued by persons who have lawful authority to arrest that person

Question 4

Arrest Without Warrant - Any Person

Section 494 (2) C.C

(Owner Clause)

Answer 4

Owner, person in lawful possession of property or

Person authorized by owner or person in lawful possession of property MAY arrest

Person found committing a criminal offence On or in relation to the property AND

They make the arrest at the time OR

They make the arrest within a reasonable time after offence committed AND reasonable grounds that not feasible in the circumstances for a peace officer to make the arrest

Question 5

Arrest Without Warrant - Any Person

Section 494 (3) C.C

Answer 5

Any one other than a peace officer who arrests a person without warrant

SHALL

forthwith deliver the person to a peace officer

Question 6

Arrest Without Warrant - Any Person

Section 494 (4) C.C

Answer 6

For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25

Question 7

Police’s Obligations When A Citizen Makes an Arrest:

Answer 7

If a citizen made an arrest and you are called to investigate make sure:

1.) You listen carefully to make sure the citizen was acting under 494

2.) Determine if you need to continue the arrest or release

3.) Read Rights to Counsel (RTC) regardless if you arrest or not (Unless it is an unlawful arrest, then you release immediately)

Question 8

Use of force - Everyone

Section 25 (1) C.C

Answer 8

Everyone who is required or authorized by law to do anything in the administration or enforcement of the law

a.) As a private person

b.) As a peace officer or public officer

c.) In aid of a peace officer or public officer, or

d.) By virtue of his office

if he acts on reasonable grounds ,justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

Question 9

What does lawful execution of duty mean?

Answer 9

Lawfully performing an identifiable and specific or special duty authorized by stature or common law

Question 10

What does lawfully authorized mean?

Answer 10

Authorized by law

Question 11

True or false?

Detention is a restraint of liberty other than arrest?

Answer 11

True

Question 12

When is an arrest accomplished?

Answer 12

When you take or get psychical control with the intent to detain

Question 13

Reasonable ground are more then just a mere ____________?

Fact
Circumstance
Suspicion
Hunch

Answer 13

Suspicion

Question 14

What is a helpful way to remember the arrest powers found in Section 494 C.C?

Answer 14

The Finds Committing Clause
The Helper Clause
The Owner Clause