CDT - Authorities

Question 1

What authorities are ECCC Enforcement Officers granted?

Answer 1

Public officer with Peace Officer powers.

Criminal Code, 117.07(2)(g)

(g) a person, or member of a class of persons, employed
in the federal public administration or by the
government of a province or municipality who is prescribed
to be a public officer; or

Question 2

What paragraph of the Criminal Code grants Officers the authority to use force?

Answer 2

Paragraph 25(1)(d)

25 (1) Every one who is required or authorized by law to
do anything in the administration or enforcement of the
law

(b) as a peace officer or public officer,
(d) by virtue of his office,

s, if he acts on reasonable grounds, justified in doing
what he is required or authorized to do and in using as
much force as is necessary for that purpose.

Question 3

What section of the Criminal Code grants Officers the authority to use force to prevent the commission of an offence?

Answer 3

Section 27

27 Every one is justified in using as much force as is reasonably
necessary

(a) to prevent the commission of an offence

Question 4

What subsection of the Criminal Code protects someone using force to protect themselves?

Answer 4

34(1)

Defence — use or threat of force

34 (1) A person is not guilty of an offence if
(a) they believe on reasonable grounds that force is
being used against them or another person or that a
threat of force is being made against them or another
person;

(b) the act that constitutes the offence is committed
for the purpose of defending or protecting themselves
or the other person from that use or threat of force;
and

(c) the act committed is reasonable in the circumstances.

Question 5

Where are powers of arrest found in the Fisheries Act?

Answer 5

Section 50

Arrest
50 Any fishery officer, fishery guardian or peace officer
may arrest without warrant a person who that fishery officer,
guardian or peace officer believes, on reasonable
grounds, has committed an offence against this Act or
any of the regulations, or whom he finds committing or
preparing to commit an offence against this Act or any of
the regulations.

Question 6

Where are powers of arrest found in CEPA?

Answer 6

Section 222.1

Arrest without warrant

222.1 An enforcement officer may arrest without warrant
a person or ship that the enforcement officer believes,
on reasonable grounds, has committed an offence
against this Act or the regulations, or that the enforcement
officer finds committing or about to commit an offence
against this Act or the regulations.
2005, c. 23, s. 33.