Unlawful arrest
Unlawful arrest is an arrest made without legal authority. In Canada, police may arrest without a warrant where they have reasonable grounds to believe a person has committed an indictable offence, among other circumstances, so many warrantless arrests are lawful. An arrest without authority can breach the Charter and support a civil claim for false imprisonment.
How BC law treats it
Arrest powers are set out in the Criminal Code, RSC 1985, c C-46, including s. 495, and section 9 of the Canadian Charter of Rights and Freedoms protects against arbitrary detention. The Canadian standard is reasonable grounds, not the US standard of probable cause.
What it means for your business
Businesses that detain suspected shoplifters must be careful, because private citizen arrest powers are narrow.
Risks and common mistakes
Staff who detain someone without lawful authority can expose the business to a civil claim for false imprisonment.
Browse the full Fulcrum Law Dictionary for related terms.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
