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Lecture notes of 19 pages for the course LAWS1123 at (class notes)
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After Reading Week Notes (8)Citizen’s powers of arrest #1 -
Where are citizen’s powers of arrest found?
S. 494 C.C.
There are multiple powers of arrest
1 - FIND COMMITTING - INDICTABLE OFFENCE (also includes dual procedure) - ANY
PLACE (means dwelling house or public place)
Citizen’s power of arrest #2 -
2 - owner or person in lawful possession of the property or person authorized by
either.
Find committing - any class offence - SC/DP/IND
On or in relation to owner’s property. (in relation to; means property is owned but also
mobile eg. smashing someone’s laptop)
Lawful possession; means lawful occupier/renter.
Person authorized; means security/bouncer.
Note; who? S. 494 C.C. does not specify who person of authority is.
Case law: S.C.C. R v EDWARDS - defined that the ‘lawful occupier’ as having the same
authority as owner. This is a person who has ‘reasonable expectation of privacy.’ at
that place. This includes:
Pays rent/lease, or
Contributes to upkeep, or
Permanently living there whether they pay or not.
Who’s not a lawful occupier?
VISITORS or GUESTS.
If the owner is present with other ‘lawful occupier’ the owner is the MOST important
occupier.
Citizen’s power of arrest #3 -
3 - any citizen can arrest a person who is being pursued by a person who can lawfully
arrest that person being pursued AND you believe the person pursuing is in lawful
authority (good guy).
(A CHASE)
,Ex - police chasing a BG.
Citizen’s power of arrest #4 (new within last 5 yrs) -
A citizen may arrest the person within a reasonable time after any criminal offence
has been committed and they believe on reasonable grounds that it is NOT feasible at
the time for a peace officer to make the arrest (couldn’t wait for the cops).
QUESTION -
Can a citizen arrest on RG?
YES, if the arrest is made within a reasonable time, and it is not feasible to get the
police.
CASE STUDY -
You are walking on the sidewalk of King St. in Welland. At 1:00pm you see a drugged
person yelling obscenities.
Can you arrest?
NO
Citizen - FC - Cause Disturbance (SC).
CANNOT ARREST LIST
FIND COMMITTING ---------- SUMMARY CONVICTION
(if not the lawful occupier)
CASE STUDY -
You are working as a security guard at the Grape and Wine Festival. Eddie (19) reports
that Wally (24) punched him in the face 15 minutes ago. You find Wally. Wally
confesses to the assault.
Can you arrest Wally?
No, why?
You only have RG’s
Who are you?
Lawful occupier (authorized by owner).
Offence?
Assault.
Classification?
Dual procedure
Level of belief?
, RG
What can you do?
Call the police.
Police may arrest under S. 495 C.C.
CASE STUDY -
You are doing security at the hockey game. At 8:30pm you see John (33). You smell
alcohol on him. His speech is slurred, he is staggering around and shouting
obscenities. John is in the aisles near some people and punches another male in the
face.
Who are you?
Lawful occupier.
Offence?
Assault.
Classification of offence?
Dual procedure
Level of belief?
FC
Classification of offence at time?
Indictable
Location of offence?
On owner’s property.
Arrest?
Yes.
Same evening - you are leaving the arena after the game. You are driving on King St. in
Welland at 11:15pm. You see Wally (25) drunk, swearing and yelling at a crowd of
people.
Can you arrest him?
No, why?
Now an ordinary citizen (FC - SC)
Can you charge him (lay information)?
Yes, why? C.C. rule - anyone with RG’s can.
In this case study, when is Wally immune from prosecution?
6 months, why?
Summary Conviction - statute of limitation.
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