Citizen Arrest

By Jaskarn Duhra & Ajit Purba

Summary - Ajit

If a regular citizen witnesses a criminal act or believes that a suspect has committed a crime, the regular citizen can make an arrest. The citizen arresting the suspect cannot use excessive force and must surrender the suspect to the police as soon as possible. The citizen arresting the suspect should clearly state that the suspect is under citizen arrest and should not be unreasonable or else the suspect could file a law suit against the citizen arresting them

Criminal Code - Jaskarn

For a citizen of Canada to make a citizen’s arrest without a warrant, citizens must follow Section 494 under the Canadian Criminal Code. A citizen can make a citizen’s arrest if someone is committing an Indictable offence, committed a criminal offense or they’re escaping an arrest. An owner of property is also authorized to make a citizen’s arrest because they are in lawful possession of property and anyone who is authorized by the owner can also make an arrest. However, the citizen making the arrest must deliver the person to a police officer and they must make the arrest within a “reasonable” amount of time after the crime has occurred. Whether or not the arrest was made within a reasonable amount of time is ultimately up to courts.