What is the test for a private citizen arrest?
Ontario, Canada
The following excerpt is from Kovacs v. Ontario Jockey Club, 1995 CanLII 7397 (ON SC):
Another Court of Appeal decision, Williams v. Laing (1923), 55 O.L.R. 26 at p. 28, is to the same effect. Hodgins J.A. stated: The law is quite clear that in order to succeed in establishing this defence the appellants must prove first that the crime they suspected had actually been committed, not necessarily by the person detained, but by some one, and that they had reasonable ground for suspecting the person detained. Private citizen arrest and the Criminal Code
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