Peace officer: legal definition and example
Definition
A peace officer is a person who has the duty and powers to maintain public order and enforce the law, including police officers, sheriffs, prison guards, certain customs and fisheries officers and special constables. Peace officers have special powers of arrest, search and use of force, but they must respect the rights guaranteed by the Charter.
Example
A police officer of the Service de police de la Ville de Montréal arrests a person caught in the act of theft. As a peace officer, they must inform the person promptly of the reasons for the arrest and of their right to counsel.
Legal references
- Criminal Code, s. 2 (definition of peace officer), 25 (use of force) and 495 (arrest without warrant).
- Canadian Charter, s. 10 (rights on arrest); Quebec Police Act.
