When a warrant is issued for the arrest of an individual without a written warrant, can the accused be informed of the reason for their arrest?

Ontario, Canada


The following excerpt is from R. v. Taylor, 2017 ONCJ 445 (CanLII):

In addition, Sopinka, J. in agreeing with the majority also made this observation in relation to s. 10(a) of the Charter as follows (wording in bold for emphasis): 2 Section 10(a) and (b) set out very fundamental rights of a person arrested or detained. The instructions to the authorities which they contain are relatively simple. In each case, the detainee is to be "informed". In the case of s. 10(a), the right is to be informed of the reasons for the arrest or detention. The right to be informed of the true grounds for the arrest or detention is firmly rooted in the common law which required that the detainee be informed in sufficient detail that he or she "knows in substance the reason why it is claimed that this restraint should be imposed" (Christie v. Leachinsky, [1947] A.C. 573, at pp. 587-88). When an arrest is made pursuant to a warrant, this is set out in writing in the warrant. An arrest without warrant is only lawful if the type of information which would have been contained in the warrant is conveyed orally. The purpose of communicating this information to the accused in either case is, inter alia, to enable the person under arrest or detention to immediately undertake his or her defence, including a decision as to what response, if any, to make to the accusation. It seems axiomatic, therefore, that this information should be conveyed prior to questioning and obtaining a response from the person under arrest or detention. These basic and important values are included in s. 10(a) of the Charter.

Other Questions


What are the reasons for quashing the warrant of committal and issuing treatment order in place? (Ontario, Canada)
Does having the father present his case first, including evidence presented by the father and his witnesses, result in the mother’s counsel eliciting information from the mother without first putting the issue to the father? (Ontario, Canada)
What is the legal test for establishing reasonable grounds under an arrest warrant? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the test for competent and informed advice in the context of the issue of Issue 1(a) of the Irish Times? (Ontario, Canada)
In what circumstances will a search warrant be used to obtain personal information about a person who has not been arrested? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
How have the courts in the United States dealt with the issue of disclosure of confidential information on a Motion for Personal Information Protection? (Ontario, Canada)
Is it possible to establish an ad hoc fiduciary relationship without an individual case-by-case analysis of the individual Class Member’s financial circumstances? (Ontario, Canada)
What is the test for arrest of an applicant and seizure and search of a paper bag, based in part on information from a confidential informant? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.