February 20, 2011 Canada plans legislation to expand citizen arrest authority www.privateofficer.com
Canada Feb 20 2011 Prime Minister Stephen Harper announced legislation Thursday intended to expand legal protection for people making citizen’s arrests or trying to defend themselves or their property against a criminal act.
Harper announced the new legislation — which has been expected since late last year — at a downtown Toronto press conference along with Vaughan, Ont., MP Julian Fantino.
The legislation comes in response to the case of Toronto shopkeeper David Chen, who was charged with assault and forcible confinement after chasing, restraining and tying up a man who had stolen plants from his Lucky Moose Food Mart in May 2009.
As written now, the Criminal Code requires a thief to be caught in the act for a citizen’s arrest to be justified. Chen captured the shoplifter one hour after he stole plants from his store.
Bill C-60 would allow citizens to detain a suspect without a warrant not only when the suspect is caught in the act, but also within a reasonable amount of time after the offence if they believe it’s not feasible for the police to make an arrest.
The bill would also clarify the law regarding acts of self-defense and defense of property, Harper said.
Myer Siemiatyki, a politics professor at Ryerson University, questions whether the law even needs changing, given that the courts actually upheld the arrest made by Chen.
“Is this the most compelling issue Canada faces today?” Siemiatyki asked. “That a prime minister and two cabinet ministers should come to Toronto, should leave Parliament, to unveil a new sentence to be added to the Criminal Code that is really redundant given court rulings? So I think this is very much about optics.”
Nathalie Des Rosiers, general counsel with the Canadian Civil Liberties Association, told the Winnipeg Free Press that the legislation could encourage vigilantism.
“The potential for abuse here is great,” Des Rosiers said.
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