Arrests Answers
R. v. FOSTER PAGE 168
1. Students' answers to this question will vary, but they must realize that it is in the best interests of
society that all citizens have a stake and a role in law enforcement. In law, the Criminal Code offence
discussed in this section makes it clear that legislators believe all citizens have a duty to assist.
2. There is no such exception mentioned in the Criminal Code. Considering the obvious difficulty the
constable was having, Mr. Foster did not legally meet the requirement to assist. Even if it may have
caused difficulty with the father-son relationship, the greater duty owed by Mr. Foster was to give
assistance to the constable as required.
3. The verbal assistance offered by Mr. Foster was not enough. The minimum amount of assistance
required was to aid the officer as requested.
Focus PAGE 169
1. An arrest warrant is issued when a serious offence has been committed and the person suspected of
the crime is not immediately caught by police. An information is sworn by a police officer to describe
how and when an accused person broke the law. A justice of the peace then decides whether or not to
issue the warrant. The warrant names the accused person, the offence that was committed, and the
date the offence occurred. It orders the police to take the named person into custody.
2. In the first situation, an officer can arrest a person who is about to commit, is committing, or has
committed a serious offence. In the second situation, an officer can arrest a person whom he or she
finds committing a criminal offence. This applies to both summary convictions and indictable offences
but is limited to those criminal activities that the officer actually observes. Another section of the
Criminal Code gives officers the authority to arrest a person who is being "freshly pursued" by someone
who has the authority to arrest. In the third situation, an officer can arrest someone whom he or she has
reasonable grounds to believe is named on a warrant for arrest or committal. The warrant for arrest
does not need to be in the officer's possession unless there was a clear opportunity to acquire it before
arresting the individual.
3. In a serious criminal matter, a warrant requires police to take a suspect into custody. In less serious
criminal matters, an appearance notice is served on the accused. It lists the name of the accused
person, the offence that was committed, and the date the offence occurred. It also shows the time and
place that the accused must appear in court.
There are several advantages to the accused in being served with an appearance notice rather than
being arrested. First, the accused is free to go home and go to work, rather than being detained in jail
until the court hearing. Second, there is an opportunity to contact a lawyer and discuss the case outside
of a custodial setting before the court date. If the accused person has children, there is no need to
make arrangements for their long-term care if the accused is not in custody. In terms of privacy, it is
usually much less embarrassing to appear in court for a day rather than to be held in jail until that court
date.
4. Citizens can make lawful arrests under the following circumstances, specified in section
494 of the Criminal Code: "(1) Anyone may arrest without warrant (a) a person whom he finds
committing an indictable offence; or (b) a person who, on reasonable grounds, he believes (i) has
committed a criminal offence, and (ii) is escaping from and freshly pursued by persons who have lawful
Docsity.com
