Where can a member of the public find their legal authority to arrest another person?

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A member of the public can find their legal authority to arrest another person in Section 494 of the Criminal Code of Canada. This section outlines the circumstances under which a person who is not a peace officer may apprehend someone they believe is committing a crime or has committed a crime. It provides specific conditions under which a citizen's arrest is permissible, ensuring that the individual is acting within the boundaries of the law.

Section 35 of the Criminal Code pertains to self-defense and defense of others, which does not directly address the authority to arrest. Sections 3 and 7 of the Canadian Charter of Rights and Freedoms deal with fundamental rights and freedoms and the right to life, liberty and security of the person, respectively, but do not grant authority regarding citizen arrests. Thus, the legal framework for a public member's authority to arrest is contained in Section 494.

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