There are also grounds to question certain very practical aspects of a citizen's arrest. What would the arrested person do? Where would they be taken? How would we ensure that the constitutional rights of the person under arrest are respected? What would happen in the event of an unlawful arrest? Would the person who made the arrest have civil or criminal immunity?
The Barreau du Québec is of the opinion that the proposed amendment results in more disadvantages than solutions, and that it would be preferable not to enact it. Section 494(1) of the Criminal Code should remain as it currently stands.
We believe that an approach based on protecting the safety of individuals, including both the offender and victim of theft or property damage who enforces the law, is vastly preferable to an approach that could endanger individuals' safety.
Thank you.