New legislation would amend the Criminal Code to expand the authority of private citizens to make arrests.

These arrests would need to be made within a reasonable period of time after they find that person committing a criminal offence either on or in relation to their property, as long as the proper balance between the power of citizens and the power of police is maintained.

These much-needed reforms will serve to simplify the complex Criminal Code provisions on self-defence and defence of property, clarifying where reasonable force is permitted.

While the new amendments will allow citizens to make arrests under the aforementioned conditions, this will only be authorized when there are reasonable grounds to believe that, given the circumstances, it is not feasible for the arrest to be made by a peace officer such as a member of the police.

This legislation dictates very clear limits on how much force may be used in one of these arrests. While reasonable use of force as is necessary to effectively achieve the aims of the arrest is permitted, a private citizen is never permitted to use excessive force when making an arrest.

While citizen’s arrests can be useful in administering justice where no peace officers are available, they can also be a very serious and potentially dangerous undertaking, as private citizens do not have the proper training to apprehend suspected criminals.

Generally, an arrest involves touching or seizing a person’s body with an appropriate amount of force necessary to detain them. In some instances, a person may be convinced to submit to arrest using words.

While private citizens can be valuable assets in preserving the public peace, citizens who make an arrest without carefully considering the risk factors can fall victim to serious physical or legal consequences.

Before acting to make a citizen’s arrest, one should consider whether a peace officer is available to intervene, whether an attempt at making an arrest is likely to compromise their personal safety or that of others, whether they have a reasonable belief regarding the suspected criminal’s identity and conduct, and whether they will be able to turn the suspect over to police without delay once an arrest is made.

Citizens who witness a crime are encouraged to report any information they have about the crime to the police before resorting to take action on their own.

Police officers are responsible for protecting society from criminals, but in situations where they are unable to fully perform their duty, the ability of private citizens to make arrests will be a valuable tool.

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The audio version of Garry's March 28, 2011 op-ed column can be heard by clicking here