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| Patrick Ducharme |
A peace officer may not arrest a person without warrant for a summary conviction offence, a hybrid offence or an absolute jurisdiction offence unless it is necessary to do so having regard to the need to establish the identity of the person, to secure or preserve evidence, or to prevent the continuation or repetition of the offence or the commission of another.1 Although a peace officer is deemed to be acting lawfully and in the execution of his duty, if he disregards the requirement not to arrest in these circumstances, it may lead to a remedy pursuant to section 9 of the Charter as an arbitrary detention.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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