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The issues relating to prohibitions and penalties can be approached separately, as noted by Laskin C.J. in Attorney General of Canada v. Canadian National Transportation, Ltd.: It is certainly open to the Parliament of Canada, in legislating in relation to s. 91(27), to take a disjunctive view of the very wide criminal law power which it possesses.
The Criminal Code contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the Code include the Firearms Act , the Controlled Drugs and Substances Act , the Canada Evidence Act , the Food and Drugs Act , the Youth Criminal Justice Act and the Contraventions Act .
The Criminal Code provisions related to citizen arrests [15] were changed in 2012, by the Citizen's Arrest and Self-defence Act. [16] As a consequence, it is now possible to make a citizen's arrest in Canada in circumstances where a "reasonable" amount of time has lapsed between the commission of a property-related offence and the arrest. [17]
The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867. Most criminal laws have been codified in the Criminal Code , as well as the Controlled Drugs and Substances Act , Youth Criminal Justice Act and several other peripheral statutes.
The Court found section 10(a) was not infringed. Section 10(a) is meant to ensure those arrested or detained are aware of the gravity of the situation. Latimer argued that since the police did not call the detention an arrest, he was not fully aware of the severity of the trouble he was in.
The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's (or suspected criminal's) liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property.
In Canada, members are federally sworn in under section 44.1 of the Railway Safety Act granting powers as police constables and have the same powers of arrest as any police officer in Canada anywhere in Canada as 'Peace Officers' under Section 2 of the Criminal Code. Police constables are employed by Canadian National and are also considered ...
In R. v. Simpson, the Ontario Court of Appeal found that police could not use their traffic stop powers as a pretext to detain an individual in the context of a criminal investigation. Simpson confirms that the power to detain for investigative purposes can only be exercised where there is "a constellation of objectively discernible facts which ...