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Questions and Answers
According to the content, which of the following describes Section 495 of the Criminal Code?
According to the content, which of the following describes Section 495 of the Criminal Code?
- It broadens the circumstances in which peace officers can arrest without a warrant. (correct)
- It limits police arrest powers to only serious violent crimes.
- It grants judges the authority to make arrests in specific situations.
- It exclusively enables private citizens to perform arrests.
Under what specific condition does the content state that any individual can detain a person who is committing a breach of the peace?
Under what specific condition does the content state that any individual can detain a person who is committing a breach of the peace?
- If the person refuses to leave private property after being asked to do so.
- If the person's actions are disrupting public order and causing alarm. (correct)
- Only if a police officer is present and unable to respond immediately.
- Only if the breach of peace involves a violent crime against another person.
According to the content, what immediate action must a property owner take after arresting someone under Section 494(2) of the Criminal Code?
According to the content, what immediate action must a property owner take after arresting someone under Section 494(2) of the Criminal Code?
- Personally transport the suspect to the nearest police station for processing.
- Immediately contact a peace officer to hand over the arrested individual. (correct)
- Release the suspect upon payment of a fine equivalent to the damages caused.
- Hold the suspect and conduct an interrogation until a confession is obtained.
What is the primary distinction between Section 494 and Section 495 of the Criminal Code, as suggested by the content?
What is the primary distinction between Section 494 and Section 495 of the Criminal Code, as suggested by the content?
Based on examples provided in the content, which situation accurately describes a breach of the peace?
Based on examples provided in the content, which situation accurately describes a breach of the peace?
According to the content, what is the main purpose of allowing citizens to make arrests without a warrant under certain clearly defined circumstances?
According to the content, what is the main purpose of allowing citizens to make arrests without a warrant under certain clearly defined circumstances?
Under what specific circumstances does the content suggest a citizen's arrest should be utilized?
Under what specific circumstances does the content suggest a citizen's arrest should be utilized?
According to the content, under which scenario is anyone authorized to arrest a person they find committing an indictable offence?
According to the content, under which scenario is anyone authorized to arrest a person they find committing an indictable offence?
Under which circumstance does the Criminal Code of Canada permit any individual to execute an arrest?
Under which circumstance does the Criminal Code of Canada permit any individual to execute an arrest?
What condition must be met for a citizen to legally arrest someone under the 'fresh pursuit' rule?
What condition must be met for a citizen to legally arrest someone under the 'fresh pursuit' rule?
According to the Criminal Code, who is authorized to arrest an individual found in the act of committing a criminal offence on private property?
According to the Criminal Code, who is authorized to arrest an individual found in the act of committing a criminal offence on private property?
If a judge issues a warrant for an individual's arrest, which of the following individuals is legally authorized to execute the arrest?
If a judge issues a warrant for an individual's arrest, which of the following individuals is legally authorized to execute the arrest?
Section 494(1) of the Criminal Code of Canada outlines specific conditions under which an arrest can be made. Which of the following scenarios accurately reflects the provisions of this section?
Section 494(1) of the Criminal Code of Canada outlines specific conditions under which an arrest can be made. Which of the following scenarios accurately reflects the provisions of this section?
What specific authority does Section 494(2) of the Criminal Code grant to property owners and their designated representatives?
What specific authority does Section 494(2) of the Criminal Code grant to property owners and their designated representatives?
When a citizen exercises their power of arrest under Section 494(1) of the Criminal Code, what specific type of offence must the individual be committing?
When a citizen exercises their power of arrest under Section 494(1) of the Criminal Code, what specific type of offence must the individual be committing?
Following an arrest made by a citizen under the authority of Section 494 of the Criminal Code, what is the immediate and required next step?
Following an arrest made by a citizen under the authority of Section 494 of the Criminal Code, what is the immediate and required next step?
Flashcards
Arrest Powers in Canada
Arrest Powers in Canada
Under the CCC, anyone can arrest for an indictable offence.
Fresh Pursuit Rule
Fresh Pursuit Rule
Citizens must believe an offence happened and pursue the suspect.
Arrest on Private Property
Arrest on Private Property
Property owners and their designates can arrest on their premises.
Authority to Execute Arrest Warrant
Authority to Execute Arrest Warrant
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Section 494(1) Powers
Section 494(1) Powers
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Section 494(2) Powers
Section 494(2) Powers
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Type of Offence for Citizen's Arrest
Type of Offence for Citizen's Arrest
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After Citizen's Arrest
After Citizen's Arrest
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Peace Officer Arrest Powers
Peace Officer Arrest Powers
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Citizen's Right to Arrest
Citizen's Right to Arrest
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Section 494 vs. Section 495
Section 494 vs. Section 495
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Breach of the Peace Example
Breach of the Peace Example
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Purpose of Citizen's Arrest
Purpose of Citizen's Arrest
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Detaining a Person
Detaining a Person
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Post-Arrest Procedure
Post-Arrest Procedure
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Conditions for Citizen's Arrest
Conditions for Citizen's Arrest
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Study Notes
Arrest Powers Under the Criminal Code of Canada (CCC)
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Who can arrest for an indictable offence? Anyone, not just police officers, under specific circumstances.
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"Fresh Pursuit" Rule for citizen arrest: A citizen can arrest if they believe a crime was committed and the suspect is being pursued by someone authorized to arrest them. Directly witnessing the crime isn't a requirement.
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Arrest on private property: Property owners and their designates can arrest those committing criminal offences on their property. Police aren't the only ones allowed to make the arrest in such cases; the power is shared.
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Warrants for arrest: Only peace officers (police) can execute an arrest warrant issued by a judge.
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Section 494(1): Citizen Arrest Power A citizen can arrest someone committing an indictable offence or someone they believe has committed a crime and is being pursued.
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Section 494(2): Property Owner Arrest: Property owners and their designated agents can arrest those committing crimes on their property.
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Type of offence for citizen arrest: Must be an indictable offence.
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After making a citizen's arrest: Immediately hand the suspect over to a peace officer.
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Section 495: Peace Officer Arrest Power: Allows peace officers to make arrests without immediate warrants in broader circumstances.
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Breach of peace and detention: Anyone can detain someone committing a breach of the peace, like a public disturbance, if it is immediately necessary to ensure public order.
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Property owner's actions after arrest: Immediately call a peace officer with the suspect, don't detain or detain indefinitely.
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Key difference between Sections 494 and 495: Section 494 outlines instances where anyone can make an arrest, whereas Section 495 concerns the powers of peace officers. This highlights different situations where arrest happens.
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Breach of peace example: A person physically fighting in public, causing a disturbance.
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Purpose of citizen arrest: To prevent ongoing crime while officers are en route, minimizing harm and loss.
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When to use citizen arrest: Only when there's no risk of harm and police can't arrive in time for immediate safety.
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