I have a question,
IN CANADA when a loss prevention officer arrest you, and the police doesn't attend does that count as a real arrest?
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I have a question,
IN CANADA when a loss prevention officer arrest you, and the police doesn't attend does that count as a real arrest?
If you were held for police, then THEY made the arrest. Unless the Loss Prevention Officer is a sworn member of law enforcement (meaning he can effect arrests) then he DIDN'T arrest you; you were "detained". If charges were not preferred, then it isn't an arrest. If no court appearance was required, or additional restrictions placed on you by the store involved (such as being photographed and banned) - you were NOT arrested. Hope that answers your question.Quote:
Originally Posted by otboy
If YOU ARE REQUIRED TO GO TO COURT, SEEK THE ADVICE OF A BARRISTER!! BEFORE YOUR APPEARANCE DATE.
I disagree with the above answer in just about every respect. Where a citizen detains another person on suspicion or belief that the other has committed a crime, summons the police, and the police arrest the person on the charge for which he was detained by the citizen, the citizen may be found to have taken sufficient action to have caused the arrest by the police. In other words, the citizen has gone beyond merely reporting his suspicions to the police and leaving it to them to decide whether to make an arrest. In most common law jurisdictions, the citizen who causes an arrest is in no more advantageous position than if he had made the arrest himself. As for the above writer's suggestion that there is a distinction between a detention and an arrest, I think the Louisiana court put it best when it said that the distinction between detention and arrest is relevant only when the actor in invested with the authority to do one but not the other. If the citizen who held you for the police had no authority to make a citizen's arrest, then calling what he did a detention will not affects his or your rights.
I disagree with the above answer in just about every respect. Where a citizen detains another person on suspicion or belief that the other has committed a crime, summons the police, and the police arrest the person on the charge for which he was detained by the citizen, the citizen may be found to have taken sufficient action to have caused the arrest by the police. In other words, the citizen has gone beyond merely reporting his suspicions to the police and leaving it to them to decide whether to make an arrest. In most common law jurisdictions, the citizen who causes an arrest is in no more advantageous position than if he had made the arrest himself. As for the above writer's suggestion that there is a distinction between a detention and an arrest, I think the Louisiana court put it best when it said that the distinction between detention and arrest is relevant only when the actor in invested with the authority to do one but not the other. If the citizen who held you for the police had no authority to make a citizen's arrest, then calling what he did a detention will not affects his or your rights.
I just read your guys answers and I am sorry I usually don't like to disagree either of your answers. In Canada anyone can arrest under Sec 494 -Arrest without Warrant under the Criminal Code of Canada. This section states in 494(1) Any one may arrest without warrant (a) a person whom he finds committing an indictable offence (ie: Theft under $5,000 334B CC), (b) a person who, on reasonable grounds, he believes (I) has committed a criminal offence, (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person. (2) Any one who is (a) the owner or person in lawful possession of property, or (b) a person authorized by the owner or by a person in lawful possession of property, may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.
This is what our Criminal Code of Canada says. As soon as you have been arrested by Law it is required to read you your rights to counsel (lawyer) as well a caution if your being cooperative, if not they can add more charges.
So what this has said is being freshly pursued that means you just committed the offense in relation to or on the property of what ever. They can not arrest you say you stole and returned to the store or area and just walked out did nothing than NO they can not arrest you if you did not do anything this time. Its only at the time and even if your in a store and think mmhhmm a pop and you crack it and drink it and put it back its still stealing. Same with if you put a bag of chips in your pocket, Loss prevention could arrest you right than and there though they like to let you have your chance to pay so its stronger held in court so just remember even sticking the pack of gum in your pocket and than dumping it behind its still consider theft even though you never left the store.
So YES they can arrest you and some Loss Prevention Officers in Canada are also trained Special Constables which also gives them powers of release.
I hope this answered your question some more.
To Whom Wrote the following article:
Everything said about the act is correct. The only way you are being released by a Lp is that you have been given a written tresspass notice with the officers badge number on it for file records or else they keep you. Now if you know that you have done nothing and were falsly accused that Lp will be in a world of trouble when you report it to that company.
I don't know your circumstances and find it strange you were released like that.
Loss Preventiion
I work Loss Prevetion there are 5 Steps that need to be Observed before you can make an Lawfull Arrest I agree with the 494 of the CC of Canada
Than what you can do is ask your boos if you work LOSs prevetion call the desk SargentQuote:
Originally Posted by otboy
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