The Criminal Code has been amended to make it easier for people to make citizens’ arrests without fear of being arrested themselves.
Bill C-26, the Citizen’s Arrest and Self-Defence Act, came into effect Monday, allowing Canadians to make a citizen’s arrest within a “reasonable amount” of time after they’ve witnessed a crime in progress.
In the past, a citizen’s arrest was legal only if the suspect was caught red-handed.
“This bill gives clear direction in terms when a prosecution is appropriate,” Justice Minister and Attorney General of Canada Rob Nicholson said in Toronto Monday.
He spoke to reporters at the downtownLucky Moose Food Market, where store owner David Chen was arrested in 2009, after he had attempted to perform a citizen’s arrest of a serial shoplifter.
Chen was charged with assault and forcible confinement, but was eventually acquitted. His story made national headlines and sparked a push for Bill C-26, dubbed the “Lucky Moose Bill.”
Canadians want to know that they are able to protect themselves against criminal acts and not be re-victimized by the criminal justice system themselves, Nicholson said.
Chen told reporters Monday that he won’t hesitate next time someone attempts to steal from his store.
“We got more power to protect the store so I am very happy with this,” he said.
In November 2010, Prime Minister Stephen Harper announced that he had instructed the Justice Department to look at amending the Criminal Code to ensure what happened to Chen is not repeated.
The bill received royal assent last June.
Alex Scholten, president of the Canadian Convenience Stores Association, said the new legislation sends a powerful message.
“Shoplifting happens so regularly that if retailers simply cast a blind eye to it and say: ‘We can’t do anything about it,’ they’re going to go out of business,” he said.
With a report from CTV Toronto’s Colin D’Mello and files from The Canadian Press
