09-03-2014, 03:52 PM
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#65
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Franchise Player
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Quote:
Originally Posted by codynw
Serious question, if I catch someone in my house stealing things, am I legally allowed to do anything about it (beyond calling the police)?
I have a feeling I already know the answer.
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http://www.justice.gc.ca/eng/rp-pr/o...tre/wyntk.html
Quote:
In special circumstances of any type of criminal offence that is committed on or in relation to your property, you may either:
- arrest a person you find in the act of committing a crime; or
- arrest a person within a reasonable period of time after having found that person committing a crime.
To be eligible to make a citizen's arrest for a crime on or in relation to property, you must be one of the following:
- the owner of the property;
- in lawful possession of the property; or
- have been authorized by the owner or the person in lawful possession of the property.
The law allows you to use as much force as is necessary for the purpose of making a citizen's arrest, as long as you are acting on reasonable grounds. However, any force you use must be tailored to the circumstances, and you are criminally responsible for any excess force you use. In addition to the potential for a criminal prosecution, you may also face a civil lawsuit in relation to your conduct and any injury you cause.
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