Keep your paws off of me

Keep your paws off of me: "A few unsolicited thoughts about the idea that my neighbours could come over and take me downtown for some unspecified offence they believe I committed. This is a bad, bad idea being driven by two apparently problematic exercises of discretion by Crown counsel in different cities. From the January 26, 2011 issue of 24 Hours. The text of the proposed law has not been released yet.

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You’re walking down the street when you see a masked man, carrying a burlap sack with a dollar sign on it, running away from two police officers. They’re yelling, “Stop! Police!”



Trained in martial arts by several Bruce Lee and Jackie Chan movies, as well as the two Ultimate Fighting Championship tournaments you have watched, you step in and grab the burglar, holding the struggling culprit until police arrive. They’re winded, but grateful.



As they cuff him and take him away, they pat you on the back. “We don’t encourage this, it’s too dangerous,” they say. “But thanks.”



The criminal law says your use of force and arrest is ok here, but the Federal Government wants you to see even more action. Last week they floated the idea of reforming citizen arrest laws in Canada to give increased powers to Canadians to use force. Like the third round on a roller coaster at Playland, this is one idea that may sound good at first, but may turn Canadians’ stomachs in the actual implementation.



Canadian law currently allows non-police like you and me to use force to arrest someone if you: (1) see someone escaping from or being freshly pursued by police; (2) if you actually see someone commit an offence in relation to your property; or, (3) if you actually see a person commit a serious criminal offence called an “indictable” offence. Just don’t arrest someone you see committing fraud in relation to fares, or keeping a bawdy, gaming or betting house, those aren’t indictable offenses.



Canadian law also allows you to use “reasonable” force to detain and remove someone from your property if that person is trespassing or attempting to. You can also use reasonable force to defend your house from someone breaking in. You can also use reasonable force to protect yourself from assault, so long as you don’t use any more force than is necessary to prevent the assault.



Given these powers, the question is: what other powers are available? How about the law allows using more force than is reasonably necessary to stop an assault. I blocked the punch and hit him back and he ran away, but then I chased him down and kicked him until he was unconscious. “Citizens’ arrest!”



How about the law allows arresting people you just believe caused an offence somewhere, but which offence you didn’t actually see yourself? “My car was broken into, and you were nearby, and you look like a drug addict, get your hands up, citizens’ arrest!”



Don’t forget, increasing citizen arrest powers increases powers for private security guards. Do we want private security guards acting as private police, being hired like Dog the Bounty Hunter to track down and arrest people they just think committed offences?



As the police have demonstrated, even those with extensive training in arrest and use of force don’t always do it right – let’s be careful who else we invite to use force on us.

Visit pivotlegal.org for more information about Vancouver's low-income housing crisis.

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