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March 7, 2005

Mayencourt's Citizen's Arrest

Campbell Liberal MLA Lorne Mayencourt received exceptional support from the government when his anti-squeegee kid private member's bill became law. Will Campbell stand by his man when police, and possibly crown counsel, report on Mayencourt's attempt to make a citizen's arrest of a panhandler? According to media reports Mayencourt was not approached by the panhandler, he simply saw the panhandler approach others and decided to take action. Some might think that his action was motivated by the comments of Penticton police to the effect that they found Mayencourt's law useless. Was Mayencourt out looking for a test case for his law, or was he attempting to challenge the police? No one but Mayencourt can be certain of his motivation, but his actions have become the subject of a police investigation. The use of the power of citizen's arrest is very serious and not something that should be laughed off as the unfortunate act of a politician who is desperate for attention as the May 17th election nears.

Mayencourt would be well advised to read the Supreme Court of Canada's 2003 decision in R. v. Asante-Mensah. The case arose from an airport inspector arresting a taxi operator who repeatedly scooped passengers without having a permit to operate at the airport. While the court found that the arrest was the reasonable course of action on the grounds of the case, it offered strong advice with respect to capricious use of "citizen's arrest". The judgment warned that: "The latitude shown to police officers, who are under a duty to act and must often react in difficult and exigent circumstances, will not necessarily be shown to an occupier who is under no duty to act and who instigates a confrontation with a trespasser." In paragraph 71 of the decision, Hon. Justice Binnie wrote: "An arrest is a grave imposition on another person's liberty and should only be attempted if other options prove ineffective. Further, an arrest attempt may lead to a confrontation more serious than the initial offence of trespass, and should be exercised with caution. Excessive force or improper use of the arrest power, may leave the occupier, or a designated agent, open to both criminal charges and civil liability." The decision went on in paragraph 72 to discuss the consequences of inappropriately using the power of citizen's arrest: "Individuals who were wrongly arrested, or against whom unreasonable force was used, have successfully pursued prosecutions for assault as well as claims for civil damages against the arresting party."

According to the Vancouver Sun, regulars at the coffee shop on Denman Street have already formed their opinion against Mayencourt.

 

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