Lesson 9 of 12
Arrest Procedures: Charter Rights & Reasonable Force
After a Lawful Arrest — Your Obligations Begin Immediately
The moment you deprive a person of their liberty, the Canadian Charter of Rights and Freedoms applies. Your legal obligations are immediate and non-negotiable.
Failure to comply with Charter obligations can invalidate the arrest, expose you to civil liability, and result in any prosecution being dismissed.
Section 10(a) — Right to Be Informed of the Reason for Arrest
Immediately upon arrest, you must inform the individual of the specific reason they are being detained.
This cannot be delayed or skipped. The person must know, at the moment of arrest, what offence you believe they have committed.
Example: "I am detaining you for theft of merchandise from this store."
Failure to inform the person of the reason for their arrest is a violation of Section 10(a) of the Charter and can invalidate the entire detention.
Section 10(b) — Right to Retain and Instruct Counsel
Immediately upon arrest, you must inform the individual of their right to retain and instruct a lawyer without delay.
This must be communicated verbally at the point of detention — not later, not at the office, but immediately.
Example: "You have the right to retain and instruct a lawyer without delay. Do you understand?"
You must then give the person a reasonable opportunity to contact legal counsel before any questioning about the alleged offence.
Use of Force — As Much as Is Reasonably Necessary
Under Section 494(3) of the Criminal Code, you may use as much force as is reasonably necessary in the circumstances to effect a lawful arrest.
Proportionality is the test:
Compliant subject = minimal or no physical force required
Active physical resistance = reasonable restraint may be applied
Strikes, chokeholds, or takedowns beyond what is necessary = assault
De-escalation is always your primary tool. Your objective is safe detention — not confrontation. Every use of force must be documented and will be scrutinized.