Broader powers proposed for self-defence, citizen's arrest

NEWS RELEASE

OFFICE OF THE PRIME MINISTER

************************* PM announces The Citizen’s Arrest and Self-Defence Act

TORONTO, ON - (February 17) - Prime Minister Stephen Harper today announced the introduction of The Citizen’s Arrest and Self-Defence Act. The legislation will expand the circumstances in which citizens’ arrests can be made, and streamline and simplify the self–defence and defence of property provisions in the Criminal Code.

“Our government is committed to putting real criminals behind bars. Canadians who have been the victim of a crime should not be re-victimized by the criminal justice system. That’s why we have introduced changes to the Criminal Code so Canadians know they have the law on their side and that our justice system targets criminals and not victims.”

Currently, the ability to make a citizen’s arrest is very restricted and is only permitted if an individual is caught actively engaged in a criminal offence on or in relation to one’s property.

The legislation would authorize an owner, a person in lawful possession of property, or a person authorized by them, to arrest a person within a reasonable amount of time after they find that person committing a criminal offence either:

- On their property (e.g. the offence occurs in their yard); or

- In relation to their property (e.g. their property is stolen from a public parking lot).

This citizen’s arrest authority applies when it is not feasible in the circumstances for a peace officer (i.e. a police officer) to make the arrest.

“Law-abiding Canadians should not be the target of the criminal justice system. This new law provides clear direction on the appropriate use of citizen’s arrest, self-defence and defence of property,” noted Prime Minister Stephen Harper. “Canadians want to know they are able to protect themselves against criminal acts and that the justice system is behind them, not against them.”

The legislation being introduced in no way compromises the principle that police are the first line of protection against crime.

Police officers will continue to have the responsibility to preserve and maintain public peace as Canada’s first and foremost criminal law enforcement body.

The legislation simply recognizes that the police cannot be everywhere at once and that Canadians must be able to protect themselves and their property in urgent situations.

This bill would also reform self-defence and defence of property provisions in the Criminal Code, which the police, prosecutors and the courts have all acknowledged to be confusing and overly complex.

These laws would be clarified so that it will be easier to determine whether the actions of an individual, made in defence of themselves, others or their property are reasonable.

A person acting in such cases should, therefore, not be charged or convicted of a criminal offence for those actions.

An online version of the legislation will be available at www.parl.gc.ca

PHOTO CAPTION: Prime Minister Stephen Harper buys maple syrup from merchant David Chen at the Lucky Moose Food Mart, prior to announcing the new Citizen's Arrest and Self-Defence Act.

************************* Backgrounder - The Citizen’s Arrest and Self-Defence Act

This legislation would expand the legal authority for a private citizen to make an arrest within a reasonable period of time after they find that person committing a criminal offence either on or in relation to their property, ensuring the proper balance between the powers of citizens and those of the police.

It would also bring much-needed reforms to simplify the complex Criminal Code provisions on self-defence and defence of property, and clarify where reasonable use of force is permitted in relation to the above.

Citizen's arrest

Amendments to the Criminal Code section 494(2) on citizen’s arrest would authorize a private citizen to make an arrest within a reasonable period of time after he or she finds someone committing a criminal offence that occurs on or in relation to property. This power of arrest would only be authorized when there are reasonable grounds to believe that it is not feasible in the circumstances for the arrest to be made by a peace officer (i.e. a police officer).

Reasonable use of force

This legislation will make it clear, by cross reference in the Criminal Code, that use of force is authorized in a citizen’s arrest, but there are limits placed on how much force can be used.

In essence, the laws permit the reasonable use of force, taking into account all the circumstances of the particular case. A person is not entitled to use excessive force in a citizen’s arrest.

Important considerations

A citizen’s arrest is a very serious and potentially dangerous undertaking.

Unlike a peace officer, a private citizen is neither tasked with the duty to preserve and maintain public peace, nor generally speaking, properly trained to apprehend suspected criminals.

In most cases, an arrest consists of either actually seizing or touching a person’s body with a view to detaining them; or by using words where the person submits to the arrest.

Citizen’s arrests made without careful consideration of the risk factors may have serious unintended physical or legal consequences for those involved.

When deciding if a citizen’s arrest is appropriate, a person should consider whether:

- A peace officer is available to intervene at that time.

- Their personal safety or that of others would be compromised by attempting an arrest. - They should report information about the crime to the police instead of taking action on their own. - They have a reasonable belief regarding the suspect’s criminal conduct and identity; and,

- They can turn over the suspect to the police without delay once an arrest is made.

Self-defence and defence of property

New Criminal Code provisions are being proposed to clarify the laws on self-defence and defence of property so that Canadians – including the police, prosecutors and the courts – can more easily understand and apply the law.

Clarifying the law and streamlining statutory defences may assist prosecutors and police in exercising their discretion not to lay a charge or proceed with a prosecution.

Amendments to the self-defence provisions would repeal the current complex self-defence provisions spread over four sections of the Criminal Code (s.34-37) and create one new self-defence provision.

It would permit a person who reasonably believes themselves or others to be at risk of the threat of force, or of acts of force, to commit a reasonable act to protect themselves or others.

Amendments to the defence of property provisions would repeal the confusing defence of property language that is now spread over five sections of the Criminal Code (s.38-42).

One new defence of property provision would be created, eliminating the many distinctions regarding acts a person can take in defence of different types of property.

The new provision would permit a person in “peaceable possession” of a property to commit a reasonable act (including the use of force) for the purpose of protecting that property from being taken, damaged or trespassed upon.

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