R. v. Abel & Corbett, 2008 BCCA 54
[31] I do not accept the interpretation of “finds committing” advanced by the appellants. An examination of the common law roots and historical statutory usage of this expression reveals that it connotes a situation where the arresting party comes upon someone in the very act of committing an offence. In other words, criminal activity must be taking place in the presence of the arresting party. This view is further supported by the French version of other federal statutes, discussed below, that authorize arrest on the basis of “finds committing.”
[62] The French version of “finds committing” in the more recent enactments is “qu’il prend (qu’ils prennent) en flagrant délit d’infraction”, meaning “to be caught in the act” or “caught red-handed.” In other words, the detection of a crime in progress.
[63] To the extent that the expressions “finds committing” and “qu’il trouve en train de commettre” used in the Criminal Code may be ambiguous, which I do not think they are, any ambiguity is resolved by having regard to how Parliament has expressed itself in French in these other statutes. The interpretation common to all versions in both official languages, i.e., their shared meaning, is that the person effecting the arrest must have come upon someone who, at that very moment and at that very place, is engaged in criminal activity.
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