LAWS 1000 Lecture Notes - Lecture 13: Arrest Warrant, Summary Offence, New Trial
2 Feb 2016
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The substantive law lays down our rights and duties: Application of substantive legal rules to a specific case . Public law: criminal law, constitutional, administrative, human rights law. Private law: tort, contract, property, family law. Procedural laws regulate their enforcement and protection: criminal and civil. Summery convictions (and provincial legislation: tried by provincial judges, max of 6 months or (unless statutes says otherwise) Commencement of process: by arrest without warrant, by laying information. Definition: to arrest someone: place them under a legal duty not to escape from the person arresting them. Citizen have limited arrest powers without warrant (indictable offenses) Police much broader power, to arrest anyone on reasonable/probable ground to have committed an indictable offense (the bail reform act?) Police must not arrest an accused who can be brought to court by other means. Must not arrest for summary offense, hybrid or minor indictable if having reasonable ground for believing the public is best served without an arrest.
