NCJ Number
103442
Date Published
1986
Length
135 pages
Annotation
In this report, the Canadian Law Reform Commission proposes a coherent and rational arrest scheme for the Criminal Code that will assist police and citizens in better understanding their respective rights and duties.
Abstract
It discusses the general principles that should underlie the law of arrest, describes the general need for reform with reference to the scattered provisions and complex judicial interpretations of current arrest law, and presents other areas of criminal procedure that will require revision if proposed reforms are implemented. It makes recommendations and provides commentary on each proposed change. Recommendations relate to definition of arrest, warrantless arrests, warrants and telewarrants, notice requirements, entry on property to effect arrest, and unlawful arrest. The report provides a summary of recommendations and puts these recommendations in the form of model legislation.