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.