Procedure 01-01 Arrest

Arrest Authority

• Section 494 of the Criminal Code (CC) allows for arrest without a warrant by any person.
• Peace officers have additional powers under sections 495(1), 524(2), 525(6), and 31(1) CC.
• Arrest authority for peace officers includes:
  • Arresting anyone who has committed or is about to commit an indictable offence.
  • Arresting individuals found committing a criminal offence.
  • Arresting those wanted on a warrant within the officer's jurisdiction.
  • Arresting individuals violating terms of criminal release or committing offences while on release.
  • Arresting those breaching the peace.

Continuation of Arrest

• Police cannot arrest for summary or dual procedure offences if public interest is satisfied, which includes:
  • Establishing identity.
  • Preserving evidence.
  • Preventing further offences.
  • Ensuring court appearance.
  • Protecting victims or witnesses.
• Types of release when public interest is satisfied:
  • Unconditional with no intent to proceed.
  • Unconditional with intent for a criminal summons.
  • Via Appearance Notice (Form 9).
• Arrest may continue if public interest is not satisfied or for specific indictable offences, excluding dual procedure and 553 offences.

Provincial Offences

• Specific provincial statutes, like the Highway Traffic Act, give police authority to arrest but no general power for provincial statute violations.

Arrest in a Dwelling-House (Feeney Warrants)

• Generally, police need a warrant to enter a dwelling for arrests.
• Exceptions where entry is allowed without a warrant include:
  • Warrant is endorsed with entry authorization.
  • Emergency situations to prevent bodily harm or evidence destruction.
  • Fresh pursuit circumstances.
• Mandatory announcement before entry unless immediate announcement would endanger safety or risk evidence loss.

Medical Considerations

• Positional Asphyxia: Restraint positions can compromise breathing. Sit individuals to promote safe breathing.
• Excited Delirium: Symptoms include violent behavior, hallucinations, and heightened strength. Treatment requires medical emergency response.

Race and Identity-Based Data Collection

• Toronto Police Service must collect and report data on race interactions with the public as per Policy 16-07.

Responsibilities of Police Officers During Arrest

• Must identify as a police officer and inform the individual of the arrest reason and rights.
• Required to conduct a Person Query and document all relevant details in the memorandum book.
• Handcuffing is necessary unless justified otherwise considering individual circumstances.

Special Considerations During Arrest

• Must provide reasonable telephone access post-arrest and secure care for dependents if needed.
• If an arrested person poses a medical risk (e.g., intoxication, harmful substance ingestion), immediate medical action is required.
• Must comply with procedures for non-English speakers and consider special accommodations for individuals with disabilities.

Release Procedures

• Ensure safety of both the released person and others at the time of release.
• Service of TPS 493 is mandatory upon release.

Handling Foreign Nationals

• Special issues arise with diplomatic officials’ arrests—embassies are outside local jurisdiction.

Officer in Charge Responsibilities

• Ensure continued detention decision considers public interest factors.
• Complete necessary eReports and document relevant particulars in the Unit Commanders Morning Report (UCMR).
• Ensure compliance with release provisions and proper documentation upon release.

This quiz covers the procedural aspects of arrests under provincial offences, including the authority granted by individual statutes such as the Highway Traffic Act and the Liquor Licence Act. It explores the conditions under which an arrest may or may not continue, focusing on the legal requirements related to documentation. Perfect for law students and professionals in the field.