Glossary

AuthorSteve Coughlan
Pages607-619
607
GLOSSARY
absolute jurisdiction offence. An offence listed in section 553 of the
Criminal Code. An accused has no election for these offences, which
can be tried only by a provincial court judge.
administration of justice offence. An offence committed against the
integrity of the criminal justice system, such as failing to comply with
bail conditions, failing to appear in court, or breach of probation.
ancillary powers doctrine. 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 the 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 person in lieu of
arresting, or continuing to detain after having arrested, that person,
requiring the person 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 arrest consists of words of arrest accompanied either by the
touching of the person with a view to detention or by the person sub-
mitting to the arrest. The word “arrest” need not be used, provided the
accused can be reasonably supposed to have understood that they are
under arrest. Arrest powers are given in the Criminal Code to everyone,
including private citizens, and additional arrest powers are given to
property owners and peace officers.

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