View Single Post
Old 03-20-2013, 10:31 AM   #293
undercoverbrother
Franchise Player
 
Join Date: Mar 2012
Location: Sylvan Lake
Exp:
Default

Quote:
Originally Posted by Iowa_Flames_Fan View Post
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.
So was the Trespassing from this incident or from a prior incident?
__________________
Captain James P. DeCOSTE, CD, 18 Sep 1993

Corporal Jean-Marc H. BECHARD, 6 Aug 1993
undercoverbrother is offline   Reply With Quote