A private citizen, observing an individual shoplifting a high-value item from a retail store, confronts the individual outside the store premises. The citizen reasonably believes the individual is still in possession of the stolen goods. The citizen then detains the individual for the purpose of turning them over to a peace officer. Under what specific condition outlined in the Criminal Code of Canada can this citizen's arrest be legally justified?

Question: A private citizen, observing an individual shoplifting a high-value item from a retail store, confronts the individual outside the store premises. The citizen reasonably believes the individual is still in possession of the stolen goods. The citizen then detains the individual for the purpose of turning them over to a peace officer. Under what specific condition outlined in the Criminal Code of Canada can this citizen's arrest be legally justified?

Answer options:

• The citizen must have witnessed the commission of an indictable offence and be in hot pursuit. ✅ The citizen must have reasonable grounds to believe an indictable offence has just been committed and the offender is escaping from the person who owns the property.
• The citizen must be acting under express verbal instruction from a police officer who is not immediately present.
• The citizen must be an employee of the retail store and authorized by their employer to make such arrests.

Correct answer: The citizen must have reasonable grounds to believe an indictable offence has just been committed and the offender is escaping from the person who owns the property.

Explanation: Section 494(2) of the Criminal Code of Canada states that a person who is the owner or in lawful possession of property, or a person authorized by the owner or by a person in lawful possession of property, may arrest a person whom he or she finds committing a criminal offence on or in relation to that property, or a person whom he or she believes on reasonable grounds is escaping from and has just committed a criminal offence on or in relation to that property. This extends the power to an ordinary citizen acting only if the conditions related to escaping from property are met for a recently committed criminal offence.