Criminal Code (R.S.C., 1985, c. C-46)

Full Document:

 
Act current to 2012-01-24 and last amended on 2012-01-01. Previous Versions

 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

  • R.S., c. C-34, s. 26.

 Every one is justified in using as much force as is reasonably necessary

  • (a) to prevent the commission of an offence

    • (i) for which, if it were committed, the person who committed it might be arrested without warrant, and

    • (ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or

  • (b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).

  • R.S., c. C-34, s. 27.
  •  (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein.

  • (2) This section applies in respect of any aircraft in flight in Canadian airspace and in respect of any aircraft registered in Canada in accordance with the regulations made under the Aeronautics Act in flight outside Canadian airspace.

  • 2004, c. 12, s. 2.
  •  (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

  • (2) Where a person is authorized to execute a warrant to arrest,

    • (a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and

    • (b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant,

    is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant.

  • R.S., c. C-34, s. 28.
  •  (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so.

  • (2) It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of

    • (a) the process or warrant under which he makes the arrest; or

    • (b) the reason for the arrest.

  • (3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility.

  • R.S., c. C-34, s. 29.