INTRODUCTION AND BRIEF DESCRIPTION
This section clarifies that those authorized to make an arrest under section 494 of the Criminal Code are also authorized by law under section 25.
SECTION WORDING
494(4) For greater certainty, a person who is authorized to make an arrest under this section is a person who is authorized by law to do so for the purposes of section 25.
EXPLANATION
Section 494(4) of the Criminal Code of Canada is an important provision that clarifies the authority of individuals to make arrests in certain situations. Specifically, this section states that a person who is authorized to make an arrest under Section 494 is someone who is authorized by law to do so for the purposes of Section 25. Section 494 of the Criminal Code of Canada outlines the circumstances under which a civilian may make an arrest. According to this section, any person may arrest another person without a warrant if they find them committing an indictable offense or if they have reasonable grounds to believe that the other person has committed or is about to commit an indictable offense. However, Section 494(4) clarifies that not just anyone can make an arrest under these circumstances. To determine who is authorized to make an arrest under Section 494, it is necessary to refer to Section 25 of the Criminal Code of Canada. Section 25 outlines the circumstances under which a police officer may make an arrest, and it sets out specific rules and procedures for doing so. For example, a police officer must identify themselves as such when making an arrest, and they must inform the person being arrested of the reason for the arrest. Section 494(4) of the Criminal Code of Canada is a crucial provision because it ensures that individuals who make arrests under the authority of Section 494 are following the same rules and procedures as police officers. This helps to maintain the integrity of the justice system and ensure that arrests are made in a fair and lawful manner. It also helps to prevent vigilantism and other forms of unauthorized or illegal detention.
COMMENTARY
Section 494(4) of the Criminal Code of Canada is an important provision that clarifies who is authorized to make an arrest under section 494. This provision states that anyone who is authorized to make an arrest under section 494 is authorized by law to do so for the purposes of section 25 of the Criminal Code. Section 494 of the Criminal Code of Canada is a provision that grants citizens the power to make an arrest without a warrant in certain circumstances. Specifically, section 494(1) states that anyone may arrest another person without a warrant if they find the person committing a criminal offense, or if they believe, on reasonable grounds, that the person is about to commit a criminal offense. The idea behind this provision is to give citizens the power to prevent crime and maintain public safety. Section 494(4) provides greater clarity as to who is authorized to make an arrest under section 494. In particular, it notes that anyone who is authorized to make an arrest under section 494 is also authorized by law to do so for the purposes of section 25. Section 25 of the Criminal Code sets out the conditions under which a person may use force in self-defense or to defend another person. These conditions include the requirement that the force used must be necessary and proportionate to the threat posed, and that the person using force must reasonably believe that it is necessary to do so in order to protect themselves or others. The purpose of section 494(4) is to ensure that those who are authorized to make an arrest under section 494 are also authorized to use force in self-defense or to defend others, if necessary. This is an important safeguard to prevent abuse of power and ensure that individuals have the right to protect themselves and others when necessary. In practice, section 494(4) means that anyone who is authorized to make an arrest under section 494 – whether they are a police officer, a security guard, or a private citizen – has the right to use force in self-defense or to defend others, if necessary. However, this does not mean that they are immune from prosecution if they use excessive force or act recklessly. Rather, they must still act within the bounds of section 25 of the Criminal Code, and use force only if it is necessary and proportionate to the threat posed. In conclusion, section 494(4) of the Criminal Code of Canada is an important provision that clarifies who is authorized to make an arrest under section 494, and ensures that anyone who is authorized to make an arrest also has the right to use force in self-defense or to defend others, if necessary. While this provision is essential to maintaining public safety and preventing crime, it is important to remember that those who exercise this power must do so responsibly and within the bounds of the law.
STRATEGY
Section 494(4) of the Criminal Code of Canada provides clarity on who is authorized to make an arrest under this section. This section grants the power of arrest to a person authorized by law for the purposes of section 25. Section 25 of the Criminal Code delineates the instances when a person may use force to defend themselves or others against the use of force. It applies not only to private citizens but also to police officers. Therefore, when interpreting section 494, the following strategic considerations should be kept in mind: Legal authority: It is essential to establish the legal authority of the arresting officer. The accused may raise the issue of whether the arresting officer had the legal authority to make an arrest. It is necessary to maintain the proper documentation to substantiate that the officer involved has the authority under the law to make an arrest. Timing: Timing is another important consideration when making an arrest under section 494. The law enforcement officer must have reasonable grounds to believe that an offense is being committed before making an arrest. The timing of the arrest is critical to establish the validity of the arrest and avoid any claims of unlawful arrest or false imprisonment. The level of force: The level of force used during an arrest can be a contentious issue. The level of force used must be proportionate to the circumstances. Excessive force can lead to claims of assault, and the validity of the arrest can be called into question. The safety of the arresting officer: Section 25 of the Criminal Code provides a broad range of circumstances under which a person may use force to defend themselves or someone else. It's important to consider that the accused may resist arrest, which can pose a danger to the arresting officer. Therefore, consideration must be given to the safety of the arresting officer. De-escalation techniques: Conciliatory tactics such as active listening, calm communication, and respecting the rights and dignity of the accused, must also be considered. The use of de-escalation strategies can help to minimize the risk of violence during the arrest and reduce the possibility of the event escalating into an intense encounter. Conclusion Section 494(4) of the Criminal Code provides clarity on who is authorized to make an arrest under this section. It is important to take into account the legal authority, timing of the arrest, the level of force, the safety of the arresting officer, and the use of de-escalation tactics when making an arrest under this section. To ensure the validity of the arrest, the arresting officer must follow proper procedures and have a clear understanding of the Criminal Code requirements for making an arrest.