Arrest
An arrest is the formal taking into custody of a person by police, either with or without a warrant. Under section 495 of the Criminal Code, a peace officer may arrest without warrant any person they find committing a criminal offence, or any person they have reasonable grounds to believe has committed or is about to commit an indictable offence. Arrest authorities and limits vary by offence type and circumstance.
Mass Tsang's criminal lawyers work with newly arrested clients across the GTA, often within hours of arrest. For more on your rights, see our blog post on the rights of the charged or arrested.
Reasonable and probable grounds
An arrest without warrant requires reasonable and probable grounds — an objectively justifiable belief that the person committed the offence, not a mere suspicion. The standard has both a subjective component (the officer must actually hold the belief) and an objective component (a reasonable person in the officer's shoes would also hold it). Arrests made without grounds are unlawful and engage section 9 of the Charter.
Charter rights on arrest
On arrest, section 10 of the Charter triggers immediately. The accused must be promptly informed of the reason for the arrest, told of the right to retain and instruct counsel without delay, and given a reasonable opportunity to exercise that right. The accused also has a section 7-based right to silence. Failure to implement these rights properly can lead to the exclusion of evidence — including statements, breath samples, and physical evidence — under section 24(2).
After arrest
Following arrest, police can release the accused on an undertaking, hold them for a bail hearing, or — for less serious offences — release them on the street with an appearance notice. Where police hold the accused, they must bring them before a justice of the peace within 24 hours or as soon as practicable. Once at the station, the accused will typically be interviewed; the right to silence applies throughout.
Resisting arrest
Resisting a lawful arrest is itself an offence under section 129. Even where the accused believes the arrest is unlawful, the proper response is to cooperate and challenge the arrest in court — not to physically resist.
Related glossary terms
