Investigation and
Arrest
CLU3M – Mr. Andrez
Part 1
The Arrest
Introduction

Procedures for dealing
with suspects are
codified in the Criminal
Code which has been
developed through
case law and enshrined
in the Charter of Rights
and Freedoms
Arrest
1.
2.
Must determine that an offense has been
committed
Must have reasonable grounds to believe
that the suspect committed the offense
3 Choices
1. Issue an
Appearance Notice
2. Arrest the
suspect
3. Obtain a warrant
for arrest
1. Appearance Notice

Summary, hybrid and less serious indictable offences

Names the offense the accused has been charged with

Time and place of court appearance

Accused must sign the document and receive a copy

Officer will swear and information before a judge or justice of
the peace
 States that the officer believes on reasonable grounds that the
person named in the appearance notice committed the offence
2. Arresting the Suspect


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More serious indictable offences
Suspect is arrested and taken into custody
Arresting officer must




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Identify themselves
Advise the accused that he or she is under arrest
Inform the accused of the right to a lawyer (section 10(b)
of the Charter)
Inform the accused of the charges (section 10(a) of the
Charter “everyone has the right on arrest or detention to
be informed promptly of the reasons therefore.”
Purpose of arrest
1.
2.
3.
Lay charges
Preserve evidence
Prevent the accused form committing further offences
Arresting without a warrant
Section 495 of Criminal Code - Any officer can
arrest without a warrant if there is

1.
2.
3.

reasonable grounds to suspect a person has either
committed an indictable offence or is about to commit one
They find a person in the act of committing criminal
offense
They find a person whom they believe is named on an
arrest warrant
Section 495 applies to all “peace officers” (mayors, prison
guards, customs officers, aircraft pilots, and fisheries
officers
Citizen’s arrest

Shoplifting most common

Suspect is arrested by a
store detective or
salesperson

Immediately after a citizen’s
arrest the suspect must be
turned over to a peace officer

Conditions for Citizen’s arrest
– Section 494 CC
The Arrest
1. Notice on arrest: I am arresting
________ for ________(reason
for the arrest)
2. Right to council: It is my duty to
inform you that you have the right
to retain and instruct legal counsel
without delay……Do you
understand?
3. Caution to the charged person:
You (are charged, will be charged)
with ________. Do you wish to
say anything in answer to the
charge? You are not obligated to
say anything unless you wish to
do so, but whatever you say may
be given in evidence….
Resisting arrest
Police can use as much force as is necessary to
prevent an escape
Police are criminal liable for the use of
unnecessary force




1.
2.
3.
Maybe be necessary to use force causing bodily harm or
death if it protects others from death of bodily harm
1994 – Parliament passed a law giving police the power
to use deadly force – in the following situations:
The behaviour of a suspect might cause serious harm or
death to others
The suspect flees to escape arrest
There is no alternative means to prevent escape
Advanced Taser
Thomas A. Swift’s Electric Rifle
CBC archives – Robert Dziekanski
3. Obtaining a warrant for an
arrest

Police ask judge to issue a summons (legal
document issued for an indictable offence, ordering
an accused to appear in court)

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When police believe suspect will appear in court voluntarily
Delivered by a sheriff or deputy
Suspect directed to police station for finger printing
Failure to appear results in the issuing of a bench warrant
(arrest warrant issued directly by a judge)
3. Obtaining a warrant for an
arrest continued
When police have reasonable grounds to believe the accused of a
serious indictable offense will not appear in court willingly


Obtain an arrest warrant
Provide a sworn information (statement given under oath,
informing the Court of the details of the arrest)
 Judge / Justice of the Peace decide if it is in the public interest to
issue a warrant for the person’s arrest
 Arrest Warrant a written court order, directing the arrest of the
suspect

Includes name of accused, the offence charged with, reason for the
warrant
Part 2
Citizen’s / Police Rights
Citizen’s Rights

Sections 7-11 of Charter (arrest and detention)

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Open to interpretation
Assumptions drawn during questioning
Rights on Being Detained:

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Detained when stopped and questioned by an officer
Right not to answer questions unless in specific situations
Detention should lead quickly to arrest – otherwise the
person should be set free
Citizens illegally detained can sue police for false arrest or
detention
Citizen’s Rights

Rights on Being
Arrested:



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To be informed of the
reason for the arrest
To a lawyer without delay,
availability of a duty
counsel
Legal aid
Must truly understand your
rights when read to you
 Sober up
 translators
Police Rights



Search the accused upon arrest
Take away the possessions of the accused
Take the accused to the police station

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Perform a more detailed search
Section 487.04 of Criminal Code

Allows police, with a warrant to get DNA samples
Searches

A careful balance between the individual’s right to privacy with
the state’s need to conduct a thorough investigation
 Search rules established in both statute and common law
 Most cases require a warrant (some exceptions)

Chapter 4, S.8 of the Charter protect people in Canada from
unreasonable search and seizure

Strip-search and skin-frisk
 Performed by officers of the same sex
 Performed at the police station
 With sufficient reason

CBC New article “SIU probes Ottawa police strip search”
Searches Continued

Obtaining a Search Warrant
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
Using a Search Warrant


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Officer swears before a judge,
who issues the warrant if
testimony is accepted
To ensure section 8 of the Charter
“secure against unreasonable
search or seizure”
Only on the day of indicated
Only specific items identified
Need a warrant to use electronic
surveillance equipment –
exception (suspected terrorists)
Questioning the Accused

Police are required to question suspects

Police cannot force a suspect to answer a questions



Section 7 “detained person has the right to remain silent…
Police must give suspect a chance to “make a free and
meaningful choice about whether to speak or remain silent”
Police must promptly inform arrested person of the
reason for their arrest and their right to counsel
Interrogation Techniques
Interview suspects to obtain the truth (ideally
through a trusting relationship with the suspect)

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Begin with open-ended, non-threatening questions –
designed to encourage the suspect to speak
Conclude with closed questions – designed to get specific
information
4 Stage approach to interrogation
1.
2.
3.
4.
Describe the entire incident
Describe the period before the incident took place
Describe the details of the offence
The period following the offence