Author Topic: Steering You Right: Citizen's arrest (Read 5506 times)

Autos_Editor · « **on:** February 27, 2012, 04:04:28 am »

Can you make a citizen's arrest if you see someone committing a crime? Lawyer Jordan Charness advises...

Read More...

ajay · « **Reply #1 on:** February 27, 2012, 06:21:49 am »

Cracked me up .

Jaeger · « **Reply #2 on:** February 27, 2012, 06:24:06 am »

Peter aint too bright.

Given this comment: "the law in Canada is pretty clear that citizens rarely have the power to perform a citizen’s arrest", and the title of the article, it might have been nice if the author actually told us something about what circumstances DO permit a citizen's arrest.

Jaeger

JohnM · « **Reply #3 on:** February 27, 2012, 07:40:55 am »

Ditto above in terms of the article needing more filling out and I wonder, in this twisted country, if it is possible for the perp to charge Peter with something - assault for grabbing him perhaps?

I do think you should get involved in any social crisis to the point of putting yourself in danger. Standing up to criminals takes guts but it is necessary if they are ever to get the idea that people simply don't like what they are doing.

Leaving everything up to the police makes it look as though it is criminals against police as opposed to criminals against society as a whole. Totally passive people equals a society ruled by thugs.

This article needs a page 2.

Cheers,
John M.

Solstice2006 · « **Reply #4 on:** February 27, 2012, 10:42:39 am »

Are these scenario's made up, or does Peter have the worst luck. If you look at the Steering you Right section, it seems he goes out of his to find the grey area in the law. Or the police just have it in for him.

aaronk · « **Reply #5 on:** February 27, 2012, 10:43:20 am »

Quote from: Jaeger on February 27, 2012, 06:24:06 am

Peter aint too bright...

Jaeger

Whatever, he was trying to do the right thing. If a few more people stood up against bad behaviour and criminal acts we might have a better society than when 99.9% are happy to turn a blind eye. I'd say Peter's a stand-up guy.

Fobroader · « **Reply #6 on:** February 27, 2012, 10:55:43 am »

So he tried to stop a crime and you people are making fun of him??? Thats too bad, you are the types I bet that would walk by a person laying on the sidewalk or ignore the screams of a woman in a dark alley......I bet you would be singing a different tune if you came out of work and your nice, new Benz had ghetto racing stripes on it.

Jaeger · « **Reply #7 on:** February 27, 2012, 11:14:51 am »

Quote from: JohnM on February 27, 2012, 07:40:55 am

Ditto above and I wonder if it is possible for the perp to charge Peter with something - assault for grabbing him perhaps?

Good point - and what about criminal liability? Wasn't there a case a while back of a shopkeeper charged with assault / unlawful confinement for "apprehending and arresting" a suspected thief? As I said, the article most unhelpfully didn't tell us when a citizen's arrest is lawfully permitted, but it does suggest that those circumstances are pretty rare.

I'm all for people defending themselves or someone else, but attempting to chase down and apprehend criminals is simply not bright. That's dangerous work for people trained / equipped / armed for the task. Call the cops and let them do their job. If you try to play cop, don't whine about the consequences.

Jaeger

canuckystan · « **Reply #8 on:** February 27, 2012, 11:27:51 am »

"Peter" is clearly just a character used to describe various circumstances the author comes across or reads about. I agree a page 2 would have been nice. Keying a car is not serious enough, but what about stealing one? What about car jacking? What about assault with a car (i.e., trying to drive over someone)? Would have been interesting to read about citizens' arrests and other car related crimes.

blur911 · « **Reply #9 on:** February 27, 2012, 11:41:08 am »

A friend once walked up to his car in a parking lot and found legs sticking out of the passenger door and a guy leaned way under his dash stealing his stereo. He also found that if you kick the door shut really hard that the perpetrator cannot run away with a broken leg. No citizens arrest was needed.

Fobroader · « **Reply #10 on:** February 27, 2012, 11:45:51 am »

Quote from: blur911 on February 27, 2012, 11:41:08 am

A friend once walked up to his car in a parking lot and found legs sticking out of the passenger door and a guy leaned way under his dash stealing his stereo. He also found that if you kick the door shut really hard that the perpetrator cannot run away with a broken leg. No citizens arrest was needed.

Bravo.....I salute your freind!!!!

aaronk · « **Reply #11 on:** February 27, 2012, 12:33:36 pm »

After giving this some more thought, I'm coming to a conclusion that while the intent is just (stopping criminals), as Jaeger pointed out, the average person is ill-equipped to stop a crime and even less prepared if that criminal reacts dangerously. Who knows if he/she has a weapon? Is it worth a life, your own life? I think that's what the officer in the article was talking about when mentioning the severity of the crime. At the end of the day a keyed car sucks, but again it's not worth a life.

I like to think I would interrupt a petty crime, like shoplifting, but again who knows who has a gun or a knife these days? TTC booth operators getting shot at close range for a few dollars? It's sickening.

ArticSteve · « **Reply #12 on:** February 27, 2012, 01:40:01 pm »

Although Peter’s heart was in the right place, the law in Canada is pretty clear that citizens rarely have the power to perform a citizen’s arrest

Not for "keying a car" (vandalism), particularly without an independent witness. But other more serious crimes ppl can make arrests.

The CONS new Crime Bill attempts to cleans up the loose ends in this area particularly issues occurring on private property.

Timbrown · « **Reply #13 on:** February 27, 2012, 01:55:03 pm »

For circumstances that allow a citizens arrest, google CanLii, and then look up the Criminal Code of Canada. cc. 494 reveals the circumstances in which (legally, which is of course by no means the same as pragmatically or advisedly) in which a private citizen make mak an arrest.

The list is fairly broad, but 494(2) refers to crimes against, property; a reading suggests that only the owner or a person authorized by the owner (presumably then known to the owner) can arrest for crimes against that property.

ArticSteve · « **Reply #14 on:** February 27, 2012, 02:06:02 pm »

Quote from: Timbrown on February 27, 2012, 01:55:03 pm

For circumstances that allow a citizens arrest, google CanLii, and then look up the Criminal Code of Canada. cc. 494 reveals the circumstances in which (legally, which is of course by no means the same as pragmatically or advisedly) in which a private citizen make mak an arrest.

The list is fairly broad, but 494(2) refers to crimes against, property; a reading suggests that only the owner or a person authorized by the owner (presumably then known to the owner) can arrest for crimes against that property.

The current law is so vague and open to legal interpretations as to be next to useless. Hence the new pending Bill which all 3 parties have tried to bring forth in the last two years or so.

ajay · « **Reply #15 on:** February 27, 2012, 09:17:04 pm »

Quote from: Fobroader on February 27, 2012, 10:55:43 am

So he tried to stop a crime and you people are making fun of him??? Thats too bad, you are the types I bet that would walk by a person laying on the sidewalk or ignore the screams of a woman in a dark alley......I bet you would be singing a different tune if you came out of work and your nice, new Benz had ghetto racing stripes on it.

Wrong .
I've stopped a woman from being raped
I've stopped a woman from being beaten
I've stopped a woman from being forced into a car .

rrocket · « **Reply #16 on:** February 27, 2012, 09:46:09 pm »

Quote from: Fobroader on February 27, 2012, 10:55:43 am

So he tried to stop a crime and you people are making fun of him??? Thats too bad, you are the types I bet that would walk by a person laying on the sidewalk or ignore the screams of a woman in a dark alley......I bet you would be singing a different tune if you came out of work and your nice, new Benz had ghetto racing stripes on it.

Kinda hard for you to take the moral high ground after some of the stupid (and dangerous)

you've posted on here about your driving habits...especially as it pertains to cyclists and brake checking people...no?

ajay · « **Reply #17 on:** February 27, 2012, 10:04:45 pm »

Cyclist ? Don't know what your talking about . For years and years I've been getting the maximum safe driving discount and mostly lack of accidents , total of 3 over the last 40 years .
If I was as you say I am I would have had my liscence taken away several times and been in many accidents . But that is not the case .
Moral high ground ? I have a soft spot for protecting women .

I might add , there is a time and place for everything

Fobroader · « **Reply #18 on:** February 28, 2012, 10:36:36 am »

Quote from: rrocket on February 27, 2012, 09:46:09 pm

Quote from: Fobroader on February 27, 2012, 10:55:43 am
So he tried to stop a crime and you people are making fun of him??? Thats too bad, you are the types I bet that would walk by a person laying on the sidewalk or ignore the screams of a woman in a dark alley......I bet you would be singing a different tune if you came out of work and your nice, new Benz had ghetto racing stripes on it.

Kinda hard for you to take the moral high ground after some of the stupid (and dangerous) you've posted on here about your driving habits...especially as it pertains to cyclists and brake checking people...no?

So I hate cyclists....does that make me some sort of natzi satanist???

tpl · « **Reply #19 on:** February 28, 2012, 10:49:10 am »

Nooooooo but it does make you a Torontonian in body or spirit.