There is an interesting Ontario decision by Rose, J., in Forsyth v. Goden (1895) 32 CLJ 288, referred to in 13 Can. Abr. 75. In that case the constable said to the plaintiff “you will have to come along with me to the police station.” No other words were used and plaintiff and defendant (who had telephoned for a policeman) and the policeman walked together to the police station and talked the matter over with the chief of police. No information was laid and the plaintiff was not further detained. At the hearing the constable swore that he did not arrest the plaintiff. Rose, J. ruled that this was a question of law and stated, “that if an officer known to be such took charge of a man and the man reasonably thought he was under arrest from the conduct of the officer, this is an arrest.”
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