Can a private person who makes an arrest justify doing so by showing that he had reasonable grounds to believe the arrest had been committed?
Saskatchewan, Canada
The following excerpt is from Kendall and Kendall v. Gambles Canada Ltd., Graham, Bowering and Landru, 1981 CanLII 2149 (SK QB):
Recent authority reflects this confusion. In British Columbia in Karogiannis v. Poulus, [1976] 6 W.W.R. 201, Rae, J., held that a private person who makes an arrest may justify doing so by showing that he had reasonable and probable grounds to believe the indictable offence for which the arrest was made had been committed even though as it turns out the offence had not been committed.
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