Peace Officer's Powers of Arrest - Ontario Police College

www.opcva.ca Federal Law 6 Peace Officer’s Powers of Arrest Steps to a Lawful Arrest Version: BCT Federal Law January 2022SL © Queen's Printer for Ontario, 2018 494(1)(a) C.C. allows that any person may arrest without warrant anyone that they: find committing an indictable offence 2 494(1)(b...

www.opcva.ca Federal Law 6 Peace Officer’s Powers of Arrest Steps to a Lawful Arrest Version: BCT Federal Law January 2022SL © Queen's Printer for Ontario, 2018 494(1)(a) C.C. allows that any person may arrest without warrant anyone that they: find committing an indictable offence 2 494(1)(b) C.C. states that anyone may arrest without warrant: A person who, on reasonable grounds, they believe has committed a criminal offence AND is escaping from and freshly pursued by persons who have lawful authority to arrest that person. 3 S. 494(2)(a)(b) C.C. states that an owner or person in lawful possession of property or a person authorized by owner or person with lawful authority may arrest without warrant: • A person who they find committing a criminal offence on or in relation to the property AND • They make the arrest at that time OR • Arrest is made within a reasonable time after the offence is committed AND • Believe on reasonable grounds peace officer cannot make the arrest at that time 4 Reasonable Grounds R v. Storrey [1990] 1 S.C.R. 241 (S.C.C.) “….. an arresting officer must subjectively have reasonable grounds on which to base the arrest. Those grounds must, in addition, be justifiable from an objective point of view. That is to say, a reasonable person placed in the position of the officer must be able to conclude that there were reasonable and probable grounds for the arrest.” 5 Reasonable Grounds • Reasonable Grounds – will always be a question of fact depending on the circumstances of each case • Suspicious circumstances will never be enough. • Reasonable Grounds mean that there must be such facts as would cause a reasonable person to believe that the suspect has committed or is about to commit an offence. • It means that the officer’s belief must be justifiable not only from a subjective point of view, but also from an objective point of view. 6 RCA Police officers bring order out of chaos. How? We are put into situations of chaos and break it down: What do I know? (The information I'm acting on) How do I know it? (The source of my information) What does it mean? (Leads to Recognize and Classify) This enables us to process it through our relevant authorities provided in statute, common and case law. RCA! 7 R/G = subjective + objective R/G consider: Confession Credible witness Circumstantial R/G or F/C? RCA Facts in Issue Time/date Identity Place Plus elements Information/ Radion Call R/G Charges (TIPP)? Recognize Classify Authority • s. 494 • F/C Indictable • Helper-R/G Crim + L/A • Owner –F/C Crim/Property Objectives You will: • Explain a Peace Officer’s powers of arrest to the extent that you can articulate a Peace Officer’s Powers found in Sec. 495 C.C. • Explain a Peace Officer’s powers of arrest found in Sec. 495.1 • Explain a Peace Officer’s powers of arrest for Breach of Peace found in Sec. 31 C.C. • Identify the six steps to a proper arrest • Explain the Primary and Secondary Caution • Identify the elements of the Prosper Warning 9 Reason for the Arrest Why do we arrest a person? 1. Prevent the continuation 2. To Investigate further 3. To ensure Court appearance PIC 10 Peace Officer’s Powers Section 495(1)(a) C.C. A peace officer MAY arrest without warrant • a person who has committed an indictable offence OR • who, on reasonable grounds, he believes has committed OR • is about to commit an indictable offence 11 Peace Officer’s Powers Section 495(1)(b)C.C. A peace officer MAY arrest without warrant • a person whom he finds committing a criminal offence; or 12 Peace Officer’s Powers Section 495(1)(c) C.C. A peace officer MAY arrest without warrant • • • • • Reasonable grounds to believe Arrest warrant OR Committal warrant In force within Territorial jurisdiction where person found 13 Warrants to Arrest What are the most common Arrest Warrants? Warrant in the First instance (arrest warrant) Bench Warrant If the above warrants are endorsed by a Justice under s. 507(6) C.C. a peace officer may exercise discretion and release on an appearance notice or an undertaking. You don’t have to release but you may. Committal Warrant Material Witness Warrant 14 15 16 Arrest of Accused without Warrant S. 495.1 C.C. A peace officer who believes on reasonable grounds that an accused: has contravened or is about to contravene a • summons • appearance notice • undertaking or • release order that was issued or given to the accused or entered into by the accused OR 17 Arrest of Accused without Warrant S. 495.1 C.C. has committed an indictable offence while being subject to a • summons • appearance notice • undertaking or • release order MAY arrest the accused without a warrant for the purpose of taking them before a Judge or Justice to be dealt with under Section 524 18 What is a Breach of the Peace ?? S. 31 C.C. Breach of the Peace • harm is actually or likely to be done to a person, or • in his/her presence, to his/her property, or • a person is in fear of being so harmed through an assault, affray or riot. When we think of Breach of the Peace we think of health and safety, people and property. 19 Breach of the Peace S. 31 C.C. • Peace Officer • Witnesses Breach of the Peace OR • Reasonable Grounds a person is about to join in or renew Breach of the Peace • Only a procedural arrest - no offence • Can be used to de-escalate a situation if no other authorities exist • Do not use it as a catch–all - Do not misuse this authority 20 Steps to a Proper Arrest 1. Identify yourself as a Police Officer 2. Tell the person they are under arrest (Judge’s Rule ) 3. Tell the person the reason for the arrest (S. 10 (a) of the Charter and S. 29(2) C.C.) 4. Take Physical Control 5. Inform them of their Rights to Counsel (S. 10 (b) of the Charter) 6. Ensure they understand the reason for the arrest and their Rights to Counsel 21 Caution Primary or First Caution Read the Caution (Judge’s Rule) You (are charged, will be charged) with ______________________________ You are not obliged to say anything unless you wish to do so, but whatever you say may be given in evidence. Do you understand? 22 Secondary Caution If needed Secondary Caution to Charged Person: If you have spoken to any Police Officer or to anyone with authority or if any such person has spoken to you in connection with this case, I want it clearly understood that I do not want it to influence you in making any statement. Do you understand? A “secondary caution” does not remove a serious inducement or oppression when statements are received. It removes minor inducements. 23 Prosper Warning (10b) Detainee Changes His Mind 1. Tell detainee they have right to a reasonable opportunity to contact a lawyer 2. Detainee isn't to participate in any incriminating process until reasonable opportunity satisfied (e.g. statements, breath tests) 3. Advise the investigation specific to detainee won’t continue unless their 10(b) right exercised 4. Ensure that the accused or detainee’s decision to waive his/her right to counsel is fully informed because if it is not, all evidence subsequent could be excluded. 24 Scenario #1 You observe a person kick the tail-light of a car parked at the community center. The light is smashed. R. Yes. – Offence – Mischief Under $ 5000 C. Dual Procedure A. What is your authority to arrest? 25 Scenario #2 A person stops you and points to another person riding a bicycle and states “that’s my bike and they stole it.” R. Yes. – Offence – Theft Under $ 5000 C. Dual Procedure A. What is your authority to arrest? 26 RCA R/G or F/C? Information/ Radio call Recognize Classify Authority R/G consider: Confession Credible witness Circumstantial Reason for arrest PIC R/G = subjective + objective Prevent continuation Investigate Court If yes, 6 steps to arrest • s. 494 • F/C Ind • ID as Police • Helper-R/G • Tell them they're under arrest Crim + L/A • The reason for arrest • Owner –F/C • Physical control Crim • RTC • s. 495 • Ensure they understand reason for • R/G Ind P-P-F arrest and RTC • F/C Crim • R/G warr/jurisd/effe 1. A person tells ct you they saw someone slash their car tire. They point them out to you. Can you arrest? • s. 495.1 • s. 31 2. A citizen arrest someone on a Canada Wide warrant. You arrive onscene, is this lawful? 3. A person attends the front desk of your police station and confesses to killing their girlfriend. Can you arrest? Homework Assignment Federal Law 6 workbook questions Federal Law 6 OPCVA quiz questions Don’t forget your federal law open workbook questions!! 28