Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-12-08 and last amended on 2014-12-06. Previous Versions

Marginal note:Excessive force

26. 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.
Marginal note:Use of force to prevent commission of offence

27. 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.
Marginal note:Use of force on board an aircraft

  • 27.1 (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.

  • Marginal note:Application of this section

    (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.
Marginal note:Arrest of wrong person

  • 28. (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.

  • Marginal note:Person assisting

    (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.