ARREST OF WRONG PERSON
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Person assisting.
28. (1)
Where a person who is authorized to execute a warrant to arrest believes,
in good faith and on reasonable and probable grounds,
that the person whom he arrests is the person named in the warrant,
he is protected from criminal responsibility in respect thereof
to the same extent as if that person were the person named in the warrant.
(2)
Where a person is authorized to execute a warrant to arrest,
- (a)
every one who, being called on to assist him,
believes that the person in whose arrest he is called on to assist
is the person named in the warrant, and
- (b)
every keeper of a prison who is required to receive and detain a person
who he believes has been arrested under the warrant,
is protected from criminal responsibility in respect thereof
to the same extent as of that person were the person named in the warrant.
[R.S., c.C-34, s.28.]
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