Citizen’s Arrest and Self-defence Act S.C. 2012, c. 9 Assented to 2012-06-28
An Act to amend the Criminal Code (citizen’s arrest and the defences of property and persons)
SUMMARY: This enactment amends the Criminal Code to enable a person who owns or has lawful possession of property, or persons authorized by them, to arrest within a reasonable time a person whom they find committing a criminal offence on or in relation to that property. It also amends the Criminal Code to simplify the provisions relating to the defences of property and persons.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Citizen’s Arrest and Self-defence Act.
R.S., c. C-46CRIMINAL CODE
Marginal note:1992, c. 1, s. 60 (Sch. I, s. 20)(F)
2. Sections 34 to 42 of the Criminal Code are replaced by the following:
Marginal note
efence — use or threat of force
34. (1) A person is not guilty of an offence if
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(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:
(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f.1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.
http://laws-lois.justice.gc.ca/eng/annualstatutes/2012_9/FullText.html
