Wrongful Arrest and False Imprisonment in Ontario
The police have strong powers, including arrest, but they are limited by law and by the Charter of Rights and Freedoms. A person who is arrested or held without lawful authority may have a civil claim, and there are separate complaint processes.
- False imprisonment means being confined without lawful justification. A wrongful arrest is one way it can happen.
- An arrest is generally lawful if the officer has reasonable grounds to believe an offence was committed and acts within the powers the law gives.
- There are separate routes for a civil claim, a complaint about conduct, and, for serious injuries, an independent investigation.
- A civil claim generally has to be started within two years.
When an arrest is lawful
Under the Criminal Code, police can arrest without a warrant in specific situations, for example when they find a person committing an offence, or have reasonable grounds to believe an indictable offence has been committed. They must tell you why you are arrested, tell you about your right to a lawyer, and not hold you longer than the law allows before bringing you before a justice.
What a claim looks like
- You were detained or arrested.
- The detention was without lawful authority, because the grounds were not reasonable or the powers were exceeded.
- You suffered harm, such as loss of liberty, humiliation, lost wages or damage to your reputation.
- Other claims may be added, such as battery, negligent investigation or breach of Charter rights.
Evidence to keep
- Write down the sequence of events as soon as you can: times, places, officers' names and badge numbers, and what was said.
- Save any video, including security cameras or phone footage, before it is deleted.
- Get contact details for witnesses.
- Keep medical records, photos of injuries and proof of lost income.
- Get the court and police records about the charge and its outcome.
Other ways to raise a concern
- A complaint about police conduct can be made to the police oversight body for Ontario.
- The Special Investigations Unit investigates incidents where police contact led to death, serious injury or allegations of sexual assault.
- A Charter remedy may be sought within a criminal case, such as exclusion of evidence.
Time limits and cost
Civil claims against police are generally subject to the two-year limitation period, and there can be notice requirements for claims against government bodies. These cases are fact-heavy and can be expensive. Many are brought in the Superior Court by lawyers. Talk to a lawyer promptly, because evidence fades and deadlines run.
Common questions
Does an acquittal mean I was wrongly arrested?
Not necessarily. An arrest can be lawful and still end in an acquittal. The question is whether the officer had reasonable grounds at the time.
Can I resist an arrest I think is wrong?
You should not. Resisting can lead to additional charges. Challenge it afterwards through your lawyer or the courts.
Who can help. Claims about police conduct usually belong in the Superior Court and are handled by lawyers. A licensed paralegal can help with certain smaller claims and refer you appropriately.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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