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CC. s.495 Warrants -

Posted: Wed Oct 04, 2017 12:10 pm
by AlwaysOnDuty
I have a question regarding CC s.495, more specifically about warrants. (Sorry if this isn't exactly case law, I didn't know where else law would go. :oops:)

If say, a police officer in Ontario runs an individual through CPIC and it turns up they have a warrant for their arrest in Ontario, the P/C has the authority to arrest the individual based upon the warrant. My question is, if that same P/C checks someone on CPIC and they have a arrest warrant issued for Manitoba and they are in Ontario, would the P/C still be able to arrest/apprehend?

I'm confused because CC, s.495(1)(c) states:

(c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.


But couldn't the fact that a warrant even exists be used as reasonable grounds that an offence had occurred, and then couldn't the P/C use subsection (1)(a)?

(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;


I mean, someone in authority must have had RG that an offence had occurred to obtain a warrant. Wouldn't Criminal Code offences have a federal jurisdiction, or is it a matter that only RCMP can pursue, since everyone else is only sworn-in in their own provinces? Or maybe it's a matter of, you can't use someone else's reasonable grounds. I don't know.

I'm solely curious, not in any legal trouble (haha), it's just this thing has bothered me for a few years with no one giving me a straight answer. If someone could point me to case law about this, or legislation, then you can call me out to lunch! And also, this isn't homework, I already graduated college years ago :alright:

Thanks guys

Re: CC. s.495 Warrants -

Posted: Wed Oct 04, 2017 4:36 pm
by EsivarT
:oops:

Re: CC. s.495 Warrants -

Posted: Thu Oct 05, 2017 12:29 pm
by Pete Broccolo
AlwaysOnDuty wrote:I have a question regarding CC s.495, more specifically about warrants. (Sorry if this isn't exactly case law, I didn't know where else law would go. :oops:)

If say, a police officer in Ontario runs an individual through CPIC and it turns up they have a warrant for their arrest in Ontario, the P/C has the authority to arrest the individual based upon the warrant. My question is, if that same P/C checks someone on CPIC and they have a arrest warrant issued for Manitoba and they are in Ontario, would the P/C still be able to arrest/apprehend?

I'm confused because CC, s.495(1)(c) states:

(c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.


But couldn't the fact that a warrant even exists be used as reasonable grounds that an offence had occurred, and then couldn't the P/C use subsection (1)(a)?

(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;


I mean, someone in authority must have had RG that an offence had occurred to obtain a warrant. Wouldn't Criminal Code offences have a federal jurisdiction, or is it a matter that only RCMP can pursue, since everyone else is only sworn-in in their own provinces? Or maybe it's a matter of, you can't use someone else's reasonable grounds. I don't know.

I'm solely curious, not in any legal trouble (haha), it's just this thing has bothered me for a few years with no one giving me a straight answer. If someone could point me to case law about this, or legislation, then you can call me out to lunch! And also, this isn't homework, I already graduated college years ago :alright:

Thanks guys

Why are you not asking this on the LEO only side?

Re: CC. s.495 Warrants -

Posted: Thu Oct 05, 2017 2:23 pm
by Ziggy Stardust
Thanks Pete. I was going to reply but this would be best discussed on the LEO only side.

Re: CC. s.495 Warrants -

Posted: Thu Oct 05, 2017 3:33 pm
by EsivarT
Oops. Lol.

Sry.

Re: CC. s.495 Warrants -

Posted: Thu Oct 05, 2017 9:11 pm
by AlwaysOnDuty
Pete Broccolo wrote:Why are you not asking this on the LEO only side?


I am not sworn-in yet, haven't started training. Just a curious civvie.

Maybe I'll wait until a time that I am allowed access to the private side.

Thanks guys for your time.

Re: CC. s.495 Warrants -

Posted: Thu Oct 05, 2017 9:38 pm
by Ziggy Stardust
No problema. It 's a good question but I'd prefer that those who have warrants remain in the dark.

Re: CC. s.495 Warrants -

Posted: Thu Oct 05, 2017 9:56 pm
by AlwaysOnDuty
Ziggy Stardust wrote:No problema. It 's a good question but I'd prefer that those who have warrants remain in the dark.


I didn't even consider that, good point. It's best not to give any nefarious persons any more ammo.

Re: CC. s.495 Warrants -

Posted: Thu Oct 05, 2017 10:55 pm
by Pete Broccolo
AlwaysOnDuty wrote:
Pete Broccolo wrote:Why are you not asking this on the LEO only side?


I am not sworn-in yet, haven't started training. Just a curious civvie.

Maybe I'll wait until a time that I am allowed access to the private side.

Thanks guys for your time.

Worry about it once you get to that point in your training. Suffice to say, its complicated.

Re: CC. s.495 Warrants -

Posted: Sun Oct 08, 2017 10:38 pm
by Fonthill
AlwaysOnDuty wrote:I have a question regarding CC s.495, more specifically about warrants. (Sorry if this isn't exactly case law, I didn't know where else law would go. :oops:)

If say, a police officer in Ontario runs an individual through CPIC and it turns up they have a warrant for their arrest in Ontario, the P/C has the authority to arrest the individual based upon the warrant. My question is, if that same P/C checks someone on CPIC and they have a arrest warrant issued for Manitoba and they are in Ontario, would the P/C still be able to arrest/apprehend?

I'm confused because CC, s.495(1)(c) states:

(c) a person in respect of whom he has reasonable grounds to believe that a warrant of arrest or committal, in any form set out in Part XXVIII in relation thereto, is in force within the territorial jurisdiction in which the person is found.


But couldn't the fact that a warrant even exists be used as reasonable grounds that an offence had occurred, and then couldn't the P/C use subsection (1)(a)?

(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;


I mean, someone in authority must have had RG that an offence had occurred to obtain a warrant. Wouldn't Criminal Code offences have a federal jurisdiction, or is it a matter that only RCMP can pursue, since everyone else is only sworn-in in their own provinces? Or maybe it's a matter of, you can't use someone else's reasonable grounds. I don't know.

I'm solely curious, not in any legal trouble (haha), it's just this thing has bothered me for a few years with no one giving me a straight answer. If someone could point me to case law about this, or legislation, then you can call me out to lunch! And also, this isn't homework, I already graduated college years ago :alright:

Thanks guys


Just google it. The answer is there. Anyways, it’s public knowledge.

Btw, sounds like BS. For somebody that’s graduated from college, you would think they would know to do a google search !!!

Oh, just seen you are going through to be CO. Don’t worry about that shit. Only the SGT do CPIC

Worry about report writing.