1. Investigation and Arrest
Chapter 7
Investigation and Arrest

2. Part 1
The Arrest

3. Introduction
Procedures for dealing with suspects are codified in the Criminal Code which has been developed through case law and enshrined in the Charter of Rights and Freedoms

4. Arrest Must determine that an offense has been committed
Must have reasonable grounds to believe that the suspect committed the offense
3 Choices
1. Issue an
Appearance Notice
Arrest the
suspect
Obtain a warrant
for arrest

5. 1. Appearance Notice
Summary, hybrid and less serious indictable offences
Names the offense the accused has been charged with
Time and place of court appearance
Accused must sign the document and receive a copy
Officer will swear and information before a judge or justice of the peace
States that the officer believes on reasonable grounds that the person named in the appearance notice committed the offence

6. 2. Arresting the Suspect More serious indictable offences
Suspect is arrested and taken into custody
Arresting officer must
Identify themselves
Advise the accused that he or she is under arrest
Inform the accused of the right to a lawyer (section 10(b) of the Charter)
Inform the accused of the charges (section 10(a) of the Charter “everyone has the right on arrest or detention to be informed promptly of the reasons therefore.”
Purpose of arrest
Lay charges
Preserve evidence
Prevent the accused form committing further offences

7. Arresting without a warrant
Section 495 of Criminal Code - Any officer can arrest without a warrant if there is
reasonable grounds to suspect a person has either committed an indictable offence or is about to commit one
They find a person in the act of committing criminal offense
They find a person whom they believe is named on an arrest warrant
Section 495 applies to all “peace officers” (mayors, prison guards, customs officers, aircraft pilots, and fisheries officers

8. Citizen’s arrest Shoplifting most common
Suspect is arrested by a store detective or salesperson
Immediately after a citizen’s arrest the suspect must be turned over to a peace officer
Conditions for Citizen’s arrest – Section 494 CC

9. The Arrest
Notice on arrest: I am arresting ________ for ________(reason for the arrest)
Right to council: It is my duty to inform you that you have the right to retain and instruct legal counsel without delay……Do you understand?
Caution to the charged person: You (are charged, will be charged) with ________. Do you wish to say anything in answer to the charge? You are not obligated to say anything unless you wish to do so, but whatever you say may be given in evidence….

10. Resisting arrest
Police can use as much force as is necessary to prevent an escape
Police are criminal liable for the use of unnecessary force
Maybe be necessary to use force causing bodily harm or death if it protects others from death of bodily harm
1994 – Parliament passed a law giving police the power to use deadly force – in the following situations:
The behaviour of a suspect might cause serious harm or death to others
The suspect flees to escape arrest
There is no alternative means to prevent escape

11. Advanced Taser Thomas A. Swift’s Electric Rifle
CBC archives – Robert Dziekanski

12. 3. Obtaining a warrant for an arrest
Police ask judge to issue a summons (legal document issued for an indictable offence, ordering an accused to appear in court)
When police believe suspect will appear in court voluntarily
Delivered by a sheriff or deputy
Suspect directed to police station for finger printing
Failure to appear results in the issuing of a bench warrant (arrest warrant issued directly by a judge)

13. 3. Obtaining a warrant for an arrest continued
When police have reasonable grounds to believe the accused of a serious indictable offense will not appear in court willingly
Obtain an arrest warrant
Provide a sworn information (statement given under oath, informing the Court of the details of the arrest)
Judge / Justice of the Peace decide if it is in the public interest to issue a warrant for the person’s arrest
Arrest Warrant a written court order, directing the arrest of the suspect
Includes name of accused, the offence charged with, reason for the warrant

14. Citizen’s / Police Rights
Part 2
Citizen’s / Police Rights

15. Citizen’s Rights Sections 7-11 of Charter (arrest and detention)
Open to interpretation
Assumptions drawn during questioning
Rights on Being Detained:
Detained when stopped and questioned by an officer
Right not to answer questions unless in specific situations
Detention should lead quickly to arrest – otherwise the person should be set free
Citizens illegally detained can sue police for false arrest or detention

16. Citizen’s Rights Rights on Being Arrested:
To be informed of the reason for the arrest
To a lawyer without delay, availability of a duty counsel
Legal aid
Must truly understand your rights when read to you
Sober up
translators

17. Police Rights Search the accused upon arrest
Take away the possessions of the accused
Take the accused to the police station
Perform a more detailed search
Section of Criminal Code
Allows police, with a warrant to get DNA samples

18. Searches
A careful balance between the individual’s right to privacy with the state’s need to conduct a thorough investigation
Search rules established in both statute and common law
Most cases require a warrant (some exceptions)
Chapter 4, S.8 of the Charter protect people in Canada from unreasonable search and seizure
Strip-search and skin-frisk
Performed by officers of the same sex
Performed at the police station
With sufficient reason
CBC New article “SIU probes Ottawa police strip search”

19. Searches Continued Obtaining a Search Warrant Using a Search Warrant
Officer swears before a judge, who issues the warrant if testimony is accepted
To ensure section 8 of the Charter “secure against unreasonable search or seizure”
Using a Search Warrant
Only on the day of indicated
Only specific items identified
Need a warrant to use electronic surveillance equipment – exception (suspected terrorists)

20. Questioning the Accused
Police are required to question suspects
Police cannot force a suspect to answer a questions
Section 7 “detained person has the right to remain silent…
Police must give suspect a chance to “make a free and meaningful choice about whether to speak or remain silent”
Police must promptly inform arrested person of the reason for their arrest and their right to counsel

21. Interrogation Techniques
Interview suspects to obtain the truth (ideally through a trusting relationship with the suspect)
Begin with open-ended, non-threatening questions – designed to encourage the suspect to speak
Conclude with closed questions – designed to get specific information
4 Stage approach to interrogation
Describe the entire incident
Describe the period before the incident took place
Describe the details of the offence
The period following the offence