Arrest and Detention Procedures

The right of an individual to refuse to answer questions from police, protected by Section 7 of the Charter.

A questioning technique employed by police during investigations, aimed at establishing a trusting relationship with the suspect and eliciting truthful information.

A legal process where a person is deprived of their liberty by legal authority, typically involving physical restraint and formal notification of the charges.

A legal document used for less serious offenses, compelling an accused person to appear in court at a specified date and time.

A warrant issued by a Judge, directing the arrest of a suspect for failing to appear in court.

A legal document issued for indictable offenses, compelling an accused person to appear in court at a specified date and time.

A sworn statement provided to a Judge or Justice of the Peace, detailing the allegations against an accused individual.

A written court order directing the arrest of a suspect, issued when there are reasonable grounds to believe that someone will not appear in court voluntarily.

An arrest made by a person other than a peace officer, usually in situations where a crime is being committed or the suspect is escaping from lawful arrest.

The legal process by which a person's liberty is deprived for the purpose of questioning, with or without physical restraint.

Information that would lead a reasonable person to conclude that a suspect has committed a criminal offence.

A legal process where the police can search a person they have just arrested without a warrant, subject to specific conditions being met.

The principle that the police can legally search a person or their belongings without a warrant if there is an imminent threat of harm to themselves or others.

The legal authority of the police to search a vehicle or its contents without a warrant if they have reasonable grounds to believe that the vehicle contains evidence of a crime.

The legal requirement for the police to have a warrant to search a person's home or belongings, except in specific circumstances.

The principle that evidence obtained illegally or in violation of a person's rights is inadmissible in court.

A court document granting police the right to search a specific location.

A police officer must provide sworn information to a Judge or Justice of the Peace detailing the crime, items sought, and reasonable grounds for believing those items will be found at the specified location.

A search warrant typically specifies a single day for conducting the search.

The search, unless otherwise stated, must occur during daylight hours, between 6:00 AM and 9:00 PM.

Police must identify themselves and present the search warrant to the person residing or working in the location being searched before conducting the search.

Police can seize items not listed in the search warrant if those items are related to the crime and are in plain view.

Items used as evidence in court remain in police custody until the trial.

Items not used as evidence must be returned to the owner within three months.

A warrant obtained by phone or fax, used when police need to act quickly to preserve evidence.

A sworn statement given by a police officer to a judge or justice of the peace, detailing the specific crime, items to be searched for, and reasonable grounds to believe those items will be found at a specific location.

The police are usually required to obtain a search warrant before searching a private home.

Police may enter a dwelling without a warrant if they have reasonable grounds to believe the entry is necessary to prevent imminent injury or death to a person or the destruction of evidence related to an indictable offense.

An accused person accused of an indictable offense has the right to apply for bail, which is the temporary release of the accused after posting money or other security.

A judicial hearing where the Crown or the accused must convince the judge to either detain or release the accused before trial. The Crown must show cause for detention, and the accused must show cause for release. The Judge makes the final decision.

When the burden of proof shifts from the Crown to the defense, meaning the defense must prove why bail should be granted instead of the Crown having to prove why the accused should be detained.