To his Chinese community in Toronto, David Chen was a hero, but according to Canada’s Criminal Code, he was an alleged criminal.
According to lawyer John Hale, Chen is the reason the Harper government has decided to introduce Bill C-26, an act to amend the Criminal Code provisions on citizen’s arrest and defences of property and persons. Bill C-26 was referred to the Standing Committee on Justice and Human Rights prior to the Christmas break and will undergo a thorough committee study when Parliament resumes at the end of January.
Shoplifting and petty theft had become a regular occurrence at Chen’s downtown grocery store. In May 2009, Chen had finally seen enough. He and two others chased down and tied up a thief, making what they thought was a citizen’s arrest. His acts of heroism landed him assault charges because he did not catch the thief ‘in the act.’
The current legislation states a citizen’s arrest is only lawful if an individual is caught actively committing a criminal offence.
Chen was acquitted in October 2010, but the community’s outcry demanded more than just Chen’s innocence, they demanded change. That following February, the Harper government introduced a bill that would amend the Criminal Code, but the bill died on the order paper when the government dissolved. Minister of Justice, Rob Nicholson introduced Bill C-26 in November and it’s a bill that will most certainly see more success than its predecessor said Hale.
According to a press release by Nicholson, the new amendments would authorize a citizen’s arrest if the arrest was made “within a reasonable amount of time after having found a person committing a criminal offence either on their property or in relation to their property.”
Both the Liberals and the NDP have shown varying degrees of support for the bill. While most opposition MPs, like NDP MP Mike Sullivan, are on board with the amendments, there are still some concerns.
“If the clarification creates a system in which vigilantism becomes possible, that is something we are opposed to. We do not accept that citizens become vigilantes who attempt to enforce the law and defend other citizens from harm in a manner which will cause more harm,” said Sullivan during the bill’s debate at second reading.
Sullivan’s colleague MP Alain Giguere voiced similar concerns during the debate, “The road to hell is paved with good intentions. Things start to get a little complicated when we allow a person to use physical force or commit an act of violence against another person to make an arrest. Everything else flows from that. What is reasonable and what is not?”
Despite these potential amendments that lessen the restrictions on citizen’s arrests, criminal defence lawyer Bruce Engel explained that citizen’s arrest should only occur as a very last resort.
“I would leave it to the professionals and the authorities to do something,” said Engel. “I think it’s fraught with danger and risk that is unnecessary for a private citizen to assume.”
Engel advised that people should avoid arresting other individuals at all costs because there are many aspects of the law that people are not aware of, such as the law that states you must turn over the individual immediately. It’s a law like that one that could land you with an unlawful confinement charge.
“People don’t know the ramifications of their actions… they’re playing with fire,” said Engel.
– 30 –
helainek.wordpress.com 