Canadian Border Security (CBSA) Practice Exam

Under which section of the Criminal Code of Canada can a BSO arrest without a warrant?

1. Section 485

2. Sections 495-497

3. Section 500

4. Section 482

The correct answer is: Sections 495-497

The correct choice pertains to Sections 495-497 of the Criminal Code of Canada, which detail the circumstances under which a police officer, including Border Services Officers (BSOs), can arrest an individual without a warrant. This provision allows officers to detain someone when they have reasonable grounds to believe that the person is about to commit an indictable offense, has committed an indictable offense, or is escaping from lawful custody. This section is particularly relevant for BSOs, as they often encounter situations at the border where immediate action may be necessary to prevent crime or to ensure safety and security. In circumstances where waiting for a warrant would impede justice or create a risk, these sections empower officers to act swiftly and diligently. Other sections—while touching on arrest procedures—do not specifically frame the immediate authority to arrest without a warrant in the same way, making the choice of Sections 495-497 the most apt for the context of border security and the powers of BSOs. Understanding these sections is crucial for anyone involved in border enforcement or law enforcement, as it outlines the legal basis for action in urgent or exigent circumstances.