What is the legal test for giving reasons for arrest?

Alberta, Canada


The following excerpt is from R. v. Platten, 2000 ABPC 11 (CanLII):

Some guidance as to situations where it might not be feasible to give reasons is found in Christie v. Leachinsky, [1947] 1 A.E.R. 567. Admittedly this is an English case but there is a common law rule that an individual must be given reasons for arrest. There are certain exceptions noted in that case at p.573: “3. The requirement that the person arrested should be informed of the reason why he is seized naturally does not exist if the circumstances are such that he must know the general nature of the alleged offence for which he is detained. . . . 5. The person arrested cannot complain that he has not been supplied with the above information as and when he should be, if he himself produces the situation which makes it practically impossible to inform him, e.g., by immediate counter-attack or by running away.”

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