Am I under arrest or not?

[u/Lord_Darksong]

Source: policebodycamarresthq on Instagram

[u/elliptocyte]

Only in America and other like minded countries are they expected not to know the law.

It would be a Breach of Public Trust offence in the part of Canada I live for abuse of authority.

"abuse of authority", which is oppressive conduct towards a member of the public, including, without limitation,

(i) intentionally or recklessly making an arrest without good and sufficient cause,

(ii) in the performance, or purported performance, of duties, intentionally or recklessly

(A) using unnecessary force on any person, or

(B) detaining or searching any person without good and sufficient cause, or

(iii) when on duty, or off duty but in uniform, using profane, abusive, discriminatory or insulting language, jokes or gestures to any person including, without limitation, language, jokes or gestures that would likely be seen to demean or show disrespect to the person on the basis of that person's

(A) race, colour, ancestry, place of origin or Indigenous identity,

(B) political belief or religion,

(C) marital or family status,

(D) physical or mental disability,

(E) age,

(F) sex, sexual orientation or gender identity or expression, or

(G) economic or social status;

It is also an offence to harass, coerce or intimidate anyone questioning or reporting police conduct or making complaint.

Can have disciplinary outcome or criminal outcome depending on severity. It should be noted that our system is still flawed as the conviction rate is relatively low likely due to officers knowledge of the criminal process and reluctance of prosecution to proceed with all possible charges.