Just curious what's the general take on the new 'lucky moose' changes to the citizens arrest laws?
A bill (Bill C-26) came into effect on Monday with little fanfare - the Criminal Code has been amended to make it easier for people to make citizens’ arrests without fear of being arrested themselves. As far as I can tell, the main change is that you can make an arrest within a “reasonable amount” of time after they’ve witnessed a crime in progress instead of having to catch someone red-handed.
Here is a simplification. It says proposed since this was written before the bill received Royal Assent.
"Amendments to the self-defence provisions will 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 will 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 will 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 will 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."
"Use of Deadly Force
The use of deadly force is only permitted in very exceptional circumstances – for example, where it is necessary to protect a person from death or grievous bodily harm. The courts have clearly stated that deadly force is not considered reasonable in defence of property alone. The Citizen’s Arrest and the Defences of Property and Persons legislation will not make any change to the law relating to deadly force."
It will remain to be seen what the courts deem to be "reasonable". What they have done is make the act of self defence or person and property much more defensible and much harder to prosecute. Time will tell if the Liberal Judges and Crown Attorney's follow the intent of the Conservative legislation.
JAB
Great Information Guys, keep it coming.
Coming at ya from the Coldlands of Canada

