Criminal Charges: What Does

The Supreme Court of Canada have said that police officers cannot arrest someone without a warrant unless they have reasonable and probable grounds to believe that the person has committed, or may be about to commit, an indictable criminal offence.

This protection is specifically set out in the Criminal Code of Canada in section 495(1)(a) which states that in order to make an arrest without a warrant an officer must believe on reasonable grounds that a person has committed or is about to commit an indictable offence.

The Supreme Court of Canada has stated that without this important protection, even the most democratic society can fall prey to the abuses and excesses of a police state.

In order to safeguard the liberty of all Canadian citizens, the Criminal Code of Canada requires the police, when attempting to obtain a warrant for an arrest, to demonstrate to a judicial officer that they have reasonable and probable grounds to belive that an offence has, or may be about to, occur .

What is reasonable depends on the circumstances of each case. If you have been charged with a criminal offence, you should consult with an experienced criminal defence lawyer to determine of the police had reasonable and probable grounds to arrest you.

To speak to one of our experienced criminal defence lawyers, you can contact us through this website, or call us Toll Free at 1-877-423-2050.