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Act respecting labour standards
Section 79.1.2

The second paragraph of section 79.1 applies if the employee suffered the injury

  1. while lawfully arresting or attempting to arrest an offender or suspected offender or assisting a peace officer making an arrest; or
  2. while lawfully preventing or attempting to prevent the commission of an offence or suspected offence, or assisting a peace officer who is preventing or attempting to prevent the commission of an offence or suspected offence.

2007, c. 36, s. 6.

Interpretation

This section stipulates that the absence indicated in the second paragraph of section 79.1 will also apply to an employee who has suffered a serious bodily injury rendering him unable to hold his regular position at the time of :

  • the legal arrest of an offender or a presumed offender which he proceeded to make;
  • an attempted legal arrest of an offender or a presumed offender;
  • assistance to a peace officer who is making an arrest;
  • a legal act of prevention with respect to the perpetration of an offence;
  • an attempted legal act of prevention with respect to the perpetration of an offence;
  • and assistance to a peace officer who is preventing or attempting to prevent the perpetration of an offence.

It should be noted that the second paragraph of this section applies to every offence, whether it results from the Criminal Code or any other statute establishing an offence, even statutory. It should also be mentioned that it is not necessary to prove the existence of an offence in preparation. Instead, one must prove that the victim believed in the existence of an offence even if he was mistaken in actual fact.