Citizen’s Arrest

R. v. Fitl 2015 AJ No 985

This is a case I conducted. The accused was acquitted after drug evidence was excluded.

The accused was at a rave and was subject to a citizen’s arrest. The trial judge found that the arrest was unlawful because the security guards at the rave did not actually see the accused committing an offence. Furthermore, when the police officer asked the accused for identification, this amounted to an unreasonable search or seizure of the accused. An illegal pat-down search and cell phone search was also found.

Canadian Charter of Rights and Freedoms