Arrest without warrant

Arrest without warrant

The law that is most impacted by these legal concepts is found in Section 494 of the Criminal Code of Canada. This Section deals with the individuals right to arrest a person when an offence is witnessed. Part 1 of this section requires that the offence witnessed must be Indictable, which becomes problematic when a Guard witnesses a Summary Conviction Offence. The Guards powers to arrest are more applicable with the second section of this law, which allows for the detention of offenders who commit offences in relation to the property the Guard is working on. According to the Canadian Criminal Code:

494. (1) Anyone may arrest without warrant

  • (a) a person whom he finds committing an indictable offence; or

  • (b) a person who, on reasonable grounds, he believes

    • (i) has committed a criminal offence, and

    • (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person.

Arrest by owner, of property

(2) Anyone who is

  • (a) the owner or a person in lawful possession of property, or

  • (b) a person authorized by the owner or by a person in lawful possession of property,

may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.