I am sorry to burst people's bubble but a citizen's arrest in Canada is only legal when they are in the process of committing an indictable offense,
when the person is believed to be actively pursued by people who have the lawful authority to arrest (Assist police),
Section 494. (Canadian Criminal Code)
(1) ARREST WITHOUT WARRANT BY ANY PERSON Any one may arrest without warrant:
(a) a person whom he finds committing an indictable offense; or
(b) a person who, on reasonable grounds, he believes
* (i) has committed a criminal offense, and
* (ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person
(2) ARREST BY OWNER, ETC., OF PROPERTY Any one who is
(a) the owner or a person in lawful possession of property, or
(b) a person authorized by the owner or by a person in lawful possession of property may arrest without warrant a person whom he finds committing a
criminal offense on or in relation to that property.
(3) DELIVERY TO PEACE OFFICER Any one other than a peace officer who arrests a person without warrant shall forthwith deliver the person to a peace
This means that GWB would have to be clearly committing an offense at Prima Face
at that moment. Also, there is a concept of arrest and release
in Canada. It is a concept where arrest is only to be made in certain conditions (R.I.C.E. +W). This can be found in articles 497, 498, 501, and 502
of the Canadian Criminal Code
These are the brief explanations :
R = Repetition. Arrest for the purpose of stopping the offense from continuing.
I = Identification. Arrest to identify the person properly.
C = Court. Arrest to ensure that they person will show up for court.
E = Evidence. Arrest to prevent the destruction of evidence.
W = Protection of witness/victims. Arrest to protect the witness(es) and victim(s)
The thing is that a summons could easily be served on that person. If the person fails to attend court, then an arrest warrant would be issued. I know
that this issue is very hot but we must remember that even people suspected of serious crimes have the right to be treated equally under the law.
This leaves me with no doubt that a person attempting a citizen's arrest is purely doing this for symbolic reasons and not for legal ones; especially
when they are part of a group supported by lawyers.
There are procedures in place for people to bring these cases either to the police, the prosecutor's, or to a Justice of the Peace's attention so
that charges could be laid before an arrest of this kind could be made. Can you imagine what would happen if a case was made and then botched over a
faulty arrest??? If the lawyers that support this group can't follow the procedure then we have a heck of a problem...