Procédure d'arrestation

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Cette page a été mise à jour ou révisée de manière substantielle pour la dernière fois January 2019. (Rev. # 2325)

n.b.: Cette page est expérimentale. Si vous repérez une grammaire ou un texte anglais clairement incorrect, veuillez m'en informer à [email protected] et je le corrigerai dès que possible.

• < Procédure et pratique
• < Arrestation et détention

Introduction

At the time of arrest, an officer must typically inform the accused of the following and confirm that they understand:

1. inform of reason for arrest
2. Charter of Rights caution / Right to Silence
3. right to speak to a lawyer
4. access to legal aid
5. secondary police cautions

Validity of Arrest

An arrest consists of two elements:

1. the actual seizure or touching of a person's body with a view towards his detention or
2. the pronouncing of "words of arrest" to a person who submits to the arresting officer.

An arrest will only be lawful if:

1. police have a subjective belief that there are reasonable and probable grounds to arrest the accused.
2. the grounds must be objectively justifiable

Previously an arrest would no longer be considered valid if the accused was ultimately acquitted of the charges. Now the consideration is only on what is apparent to the officer at the time of arrest.

Where the officer is honestly mistaken as the existence of a law that does not exist, it cannot be objectively justifiable.

Identification

Once a person is lawfully arrested they have an obligation to identify themselves. Failure to do so may result in an offence of obstruction.

Notice Upon Arrest

Duty of person arresting

29 (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so.

Notice

(2) It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of

(a) the process or warrant under which he makes the arrest; or

(b) the reason for the arrest.

Failure to comply

(3) Failure to comply with subsection (1) [devoir de la personne procédant à l'arrestation – possession d'une copie] or (2) [devoir de la personne qui arrête – avis] does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility.
R.S., c. C-34, s. 29.
[annotation(s) ajoutée(s)]

– CCC (CanLII), (Jus.)

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Use of Force

It has been suggested that there is a constitutional obligation for police to make a "contemporaneous complete record of the circumstances of, and reasons for, their use of force during an arrest."

Topics

• Alternatives to Charging
  • Extrajudicial Measures for Young Offenders
• Warrantless Arrests and Warrant Arrests
  • Reasonable and Probable Grounds to Arrest
• Right to be Informed of Reasons for Arrest or Detention (s. 10(a))
• Right to Counsel (s. 10(b))
• Right of Youth to Notify Parents
• Right Against Self-Crimination
• Voluntariness
• Taking Photographs and Fingerprints of Accused Persons
• Initial Post-Charge Detention
  • Duty to Deliver Detainee to a Justice Without Unreasonable Delay
• Release
  • Release by Police on Undertaking
  • Judicial Interim Release
• Acting in Authority - Immunity for Use of Force