Quote:
Originally Posted by transplant99
Trespassing.
|
Thanks, that helps.
Trespass is an offence that grounds a citizen's arrest both under provincial legislation and s. 494(2) of the Criminal Code.
Notice has to be given to a trespasser first of course, but they can be arrested by the owner or his/her agent if they refuse to leave. On that basis there is arguably a lawful basis for the arrest, which just leaves the question of whether the force was excessive.
In one case it clearly was; for the others I'd say we just don't have enough information.