 |
| Patrick Ducharme |
In Therens the Supreme Court of Canada defined the word “detention” as directed at a restraint of liberty, other than arrest, where a person may reasonably require the assistance of counsel. The word “arrest” is not defined in the Code. The power to arrest by “anyone” or by police officers is provided specifically in sections 494 and 495 respectively of the Code.
Arrest refers to taking custody of another for the purpose of holding or detaining to answer a criminal charge(s).
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.
Subscribe to Patrick Ducharme's Youtube Channel