RE-INTRODUCTION OF REFORMS TO CITIZEN’S ARREST POWER AND SELF-DEFENCE AND DEFENCE OF PROPERTY LAWS
OTTAWA, November 22, 2011 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today announced the re-introduction of legislation that proposes to expand and simplify the laws with respect to self-defence and defence of property, and expand the circumstances in which a law-abiding Canadian can make a citizen’s arrest.
"Our Government is committed to putting real criminals behind bars. Canadians who have been the victim of a crime should not be re-victimized by the criminal justice system"
, said Minister Nicholson. "That’s why we have introduced changes to the Criminal Code so Canadians know they have the law on their side and that our justice system targets criminals and not victims."
Currently, the ability to make a citizen’s arrest is very restrictive and is only permitted if an individual is caught actively engaged in a criminal offence on or in relation to their property.
The proposed legislation would build on the existing legislation and would authorize an owner, a person in lawful possession of property, or a person authorized by them to arrest a person within a reasonable amount of time after having found a person committing a criminal offence either:
- on their property (e.g. the offence occurs in their yard); or
- in relation to their property (e.g. their property is stolen from a public parking lot).
The citizens’ arrest authority would only apply when it is not feasible in the circumstances for a police officer to make the arrest. The police will continue to have the responsibility to preserve and maintain the public peace as Canada’s first and foremost criminal law enforcement body.
This bill would also reform "self-defence" and "defence of property" provisions in the Criminal Code, which the police, prosecutors and the courts have acknowledged to be confusing and overly complex. These laws would be simplified so that it would be easier to determine whether individuals who claim to have defended themselves, others or their property should be charged with or convicted of a criminal offence.
"The legislation in no way compromises the principle that police are the first line of protection against crime. Police will continue to have the responsibility to preserve and maintain public peace as Canada’s first and foremost criminal law enforcement body"
, said Robert Goguen, Parliamentary Secretary to the Minister of Justice and M.P. for Moncton—Riverview—Dieppe. "The legislation simply recognizes that the police cannot be everywhere at once and that Canadians must be able to protect themselves and their property in urgent situations."
This bill follows the introduction of the Safe Streets and Communities Act, one of the key initiatives the Government has taken to help make Canada a safer and more secure place for law-abiding Canadians and their families.
An online version of the legislation will be available at www.parl.gc.ca.
Backgrounder: Reforming Citizen’s Power of Arrest and Self-Defence and Defence of Property Provisions
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