Quote:
Originally Posted by Iowa_Flames_Fan
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
|