Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-08-30 and last amended on 2015-07-23. Previous Versions

Marginal note:Duty of person arresting
  •  (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.

  • Marginal note:Notice

    (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.

  • Marginal note:Failure to comply

    (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.
Marginal note:Preventing breach of peace

 Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.

  • R.S., c. C-34, s. 30.
Marginal note:Arrest for breach of peace
  •  (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.

  • Marginal note:Giving person in charge

    (2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace.

  • R.S., c. C-34, s. 31.

Suppression of Riots

Marginal note:Use of force to suppress riot
  •  (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,

    • (a) is necessary to suppress a riot; and

    • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

  • Marginal note:Person bound by military law

    (2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful.

  • Marginal note:Obeying order of peace officer

    (3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if

    • (a) he acts in good faith; and

    • (b) the order is not manifestly unlawful.

  • Marginal note:Apprehension of serious mischief

    (4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds,

    • (a) is necessary to suppress the riot; and

    • (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.

  • Marginal note:Question of law

    (5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.

  • R.S., c. C-34, s. 32.