Glossary

• Author: Steve Coughlan
• Pages: 607-619

607

GLOSSARY

absolute jurisdiction offence. An offence listed in section 553 of the

Criminal Code. An accused ha s no election for these offences, which

can be tried only by a provincial court judge.

administration of just ice offence. An offence committed again st the

integrity of the criminal justice system, such as failing to comply with

bail conditions, faili ng to appear in court, or breach of probation.

ancilla ry powers doctri ne. The process through which new police pow-

ers can be created at common law. The test for the creation of ancillary

powers is drawn from t he British case R v Waterfield, which is applied in

Canada today in a way quite distinct from the approach in its country of

origin .

appearance notice. A written demand given to a per son in lieu of

arresting, or continuing to detain after having arre sted, that person,

requiring the per son to appear in court to answer to charges at a par-

ticular place and time. The contents of an appearance notice are set out

in section 500 of the Code.

arrest. An arre st consists of words of arrest accompanied either by the

touching of the person with a v iew to detention or by the person sub-

mitting to the arrest. The word “arrest” need not be used, provided the

accused can be rea sonably supposed to have understood that they are

under arrest. Arrest powers are given in the Criminal Code to everyone,

including private citizen s, and additional arrest powers are given to

property owners and peace officers.