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Classifications of offences
 Summary
 Hybrid
 Indictable
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Reasonable grounds
What is a Peace Officer? (sec. 2)
Citizens Powers of Arrest (sec. 494)
Police Officers Powers of Arrest (sec. 495)
Criminal
Offences
Summary
Offences
Hybrid
Offences
Indictable
Offences
Definition
-Minor criminal offences
Penalties/ Punishment
-Maximum penalty for
most summary offences is
no more than $2 000 and/
or six months in jail
-Exceptions:
Possession of Narcotics
can hold a summary
penalty of $2 000 and/or
imprisonment for one year
Examples
- Loitering
- Trespassing at Night
- Causing a disturbance
- Coin, Defacing
- Impersonating at an
examination
Definition
Are offences in which the
Crown Attorney has the
right to proceed with the
offence as a summary
offence and impose a less
severe punishment or
proceed with the offence
as an indictable offence.
Penalties/ Punishments
Examples
Are determined by
whether the Crown elects
to proceed with the
offence as either a
summary or indictable
offence.
-False alarm of fire
-Mailing obscene matter
-Public Mischief
- Threat or Uttering
-Theft
Definitions
These offences are more
severe in nature. They
carry greater penalties and
punishment than summary
offences
Penalties/Punishments
Maximum: life
imprisonment
Some indictable offences
have a maximum and
minimum penalty set and
the punishments are
determined by the
Criminal Code.
Examples:
-Murder
-Assault
-Treason
-Weapon Offences
-Driving while impaired
Source/ Section
- Basic Police Powers Textbook
- Not defined in the Criminal Code but
instead is defined in Case Law
Definition
Case Law Definition: “ a set of facts or
circumstances which would cause a
person of ordinary and prudent judgment
to believe beyond mere suspicion.”
Meaning that: If an ordinary person can
draw from the facts around them and the
event itself and create a reasonable belief
of wrong doing, they may proceed on the
belief of reasonable grounds.
Source/Section
- Criminal Code of Canada
- Section 2: Interpretation
- Under Peace Officer
Definition
A Peace officer can include the following
people as well as police officers:
-Mayor, Warden, Justice of the Peace
- A member of the Correctional Service of
Canada such as a Jailer, Guard, Instructor,
etc.
- A Customs Officer
- A pilot in the command of an aircraft
- Officers of the Canadian Forces
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Section 494
 Arrest without a warrant by any person
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Section 495
 Arrest without a warrant by a peace officer
Arrest without a warrant by any person
Any person may arrest without a warrant when the offence is covered in the below
options.
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A person whom they find committing an indictable offence
A person who, on reasonable grounds, he /she believes
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Has committed a criminal offence and
Is escaping from and freshly pursued by persons who have lawful authority to arrest that person
Arrest by Owner of property. Anyone who is,
 The owner or person in lawful possession of property, or
 A person authorized by the owner or by a person in lawful possession of property
May arrest without a warrant a person whom he finds committing a criminal offence on
or in relation to that property
Any one other than a peace officer who arrests a person without warrant shall forthwith
deliver the person to a peace officer.
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http://www.youtube.com/watch?v=m5_lFT52
NrU
Arrest without warrant by a peace officer
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;
 a person whom he finds committing a criminal
offence; or
 a person in respect of whom he has reasonable
grounds to believe that a warrant of arrest is in place
for that person within their jurisdiction or territory.
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http://www.youtube.com/watch?v=dK1-iZPr9o