Posted on 02/09/2012 6:03:23 AM PST by marktwain
The law governing the right to defend yourself and make a citizen's arrest is sailing through Parliament on a calm sea of cross party support.
Justice Minister Rob Nicholson appeared at a House of Commons committee Tuesday to discuss Bill C-26 -- the Citizen's Arrest and Self Defence Act -- and faced tame questions from MPs.
"He was defending his own house and property and he still had to hire a lawyer and go to through the court process when he was defending his home and family, how would C-26 make this different?" asked Liberal MP Judy Sgro, referencing one of her Toronto-area constituents who was charged after he defended his home against an intruder.
"The individual who should not be charged and the individual who is acting reasonably to defend themselves and protect their house or their family, we don't want them in court in the first place," Nicholson said.
The proposed federal legislation clarifies when someone is allowed to make a citizen's arrest: They have to witness it themselves, they must act quickly, and they must call authorities immediately.
It also irons out what is reasonable when defending one's self or property without getting bogged down in property law. Courts currently struggle with questions such as, do you really own the property if your home is in a trailer park?
The citizen's arrest portion of the bill is nearly identical to an NDP private member's bill introduced during the last Parliament.
NDP MP Olivia Chow proposed the changes in response to the story of David Chen, the Toronto shopkeeper who was charged with assault and forcible confinement after he chased and tied up a chronic thief who had been ripping off his store for months.
Chen, and two of his relatives who helped him nab the crook, were found not guilty in 2010.
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Lol! Now I can chide Canadian lefties “welcome to the civilized world”.
Thanks for the post marktwain, and the ping Clive.
“The proposed federal legislation clarifies when someone is allowed to make a citizen’s arrest: They have to witness it themselves, they must act quickly, and they must call authorities immediately. “
Chide.
Chide away Amberdawn.
Chide!
:-)
Welcome to the UT Amberdawn.
Sorry, wrong thread.
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