Criminal Code (R.S.C., 1985, c. C-46)

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.