Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Arrest without warrant by peace officer

• 495 (1) A peace officer may arrest without warrant

  • (a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;

  • (b) a person whom he finds committing a criminal offence; or

  • (c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.

• Marginal note:Limitation

  (2) A peace officer shall not arrest a person without warrant for

  • (a) an indictable offence mentioned in section 553,

  • (b) an offence for which the person may be prosecuted by indictment or for which he is punishable on summary conviction, or

  • (c) an offence punishable on summary conviction,

  in any case where

  • (d) he believes on reasonable grounds that the public interest, having regard to all the circumstances including the need to

    • (i) establish the identity of the person,

    • (ii) secure or preserve evidence of or relating to the offence, or

    • (iii) prevent the continuation or repetition of the offence or the commission of another offence,

    may be satisfied without so arresting the person, and

  • (e) he has no reasonable grounds to believe that, if he does not so arrest the person, the person will fail to attend court in order to be dealt with according to law.

• Marginal note:Consequences of arrest without warrant

  (3) Notwithstanding subsection (2), a peace officer acting under subsection (1) is deemed to be acting lawfully and in the execution of his duty for the purposes of

  • (a) any proceedings under this or any other Act of Parliament; and

  • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (2).