According to the Department of Justice Canada, in almost all cases, a citizen’s arrest refers to the act of either seizing or touching a person’s body in an effort to detain them.

Is it legal to make a citizen’s arrest?

In 2021, creation of the Citizen’s Arrest and Self-defence Act amended the Canadian Criminal Code to simplify the defences of property and persons, and enable a person who owns or has lawful possession of property, or persons authorized by them, to arrest within a reasonable time a person whom they find committing a criminal offence on or in relation to that property.

Criminal Code: Arrest without warrant by any person

Section 494 (1) of the Criminal Code deals with Arrest without warrant by any person:

 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.

To be legal, the arrest can only be made at the time you witness the person committing the offence. It cannot happen after any time has passed, unless it is an offence related to your property.

Offences against property

If the offence being committed is in relation to property, the arrest may happen while you witness the person committing the offence, or within a reasonable amount of time after you have discovered the person committing a crime. However, to be a legal arrest, you must be:

• the owner of the property;
• in lawful possession of the property; or
• have been authorized by the owner or the person in lawful possession of the property.

Can you use force when making a citizen’s arrest?

You can use as much force as is necessary without being guilty of an offence as long your actions are reasonable under the circumstances.

Sections 34 and 35 of the Criminal Code deal with the use or threat of force when defending a person or property, and the factors the court considers when determining if the force used was reasonable in the circumstances. Visit topic 7740 Self-defense for more information or refer to the Criminal Code.

What to consider before making a citizen’s arrest

You should consider the following before making a citizen’s arrest:

• Is it feasible for a peace officer to intervene? If so, report the crime to the police instead of taking action on your own.
• Your personal safety and that of others could be compromised by attempting an arrest. Relevant considerations would include whether the suspect is alone and whether they possess a weapon.
• Will you be able to turn over the suspect to the police without delay once an arrest is made?
• Do you have a reasonable belief regarding the suspect’s criminal conduct?

How do you make a legal citizen’s arrest?

The Department of Justice states that you must do the following when making a citizen’s arrest:

• Tell the suspect that you are making a citizen’s arrest and that you are holding him or her until police arrive.
• Call the police.
• Ask explicitly for his or her cooperation until police arrive.
• If possible, avoid using force and only use the minimum possible.
• Do not question or search the suspect or his or her possessions.
• When police arrive, state the plain facts of what happened.

Once a citizen’s arrest is made, you must call the police as soon as possible.

Can you be charged for making a citizen’s arrest?

If you do not call the police immediately, the arrest might be ruled as an illegal arrest, and you could face civil or criminal consequences.

If you use excess force during a citizen’s arrest, you could be criminally responsible and charged with assault. Your behaviour during the arrest, especially if you cause any injury could also open you to a civil lawsuit.

Get help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

Making a citizen’s arrest and the possible consequences is serious and could be possibly dangerous, If you have been charged with a crime after making a citizen’s arrest, or any other crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 1-866-961-4963 .

								
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