NCJ Number
99477
Date Published
1985
Length
146 pages
Annotation
This working paper of Canada's Law Reform Commission summarizes and critiques Canada's current arrest law and proposes reforms of this law.
Abstract
A synopsis reviews the constitutional framework for the current arrest law, presenting these aspects: purposes and definitions, investigative procedures, detention, compelling an accused's appearance, warrantless arrests, notice requirements, arrest powers, and sanctions for arrest law violations. The law is then assessed according to the criteria of restraint, fairness, simplicity, clarity, coherence, and comprehensiveness and found deficient. Twenty-eight reform recommendations are offered in the areas of purpose, definition, and scope; arrest by a peace officer; private-citizen arrest; breach of the peace; arrest warrants; notice requirements; and spatial limits on arrest authority. The rationale for each recommendation is included. Recommendations focus on the distinction between voluntary accompaniment and arrest, reasons to be provided for arrest, repeal of the breach of the peace arrest power, citizen's arrest power, and remedies available for unlawful arrest. Additionally, statutory language is proposed which clarifies the law relating to the power of police officers to enter onto private property in order to make an arrest. The appendixes list Federal and provincial statutes pertaining to arrest powers. A total of 376 footnotes are provided.