Whatever happened to... David Chen and Citizen Arrests.

Arrest consists of the actual seizure or touching of a person's body with a view to his detention. The mere pronouncing of words of arrest is not an arrest, unless the person sought to be arrested submits to the process and goes with the arresting officer. --R. v. Latimer, [1997] 1 SCR 217 The police may arrest people they suspect of breaking the law as long as their suspicion is reasonable. What about our right to arrest others? Can we stop and hold people who we catch stealing from us or committing other offences? What is the line between defending oneself and one's property from the crimes of others on one hand, and committing the added crime of forcible confinement on the other hand?

The Asante-Mensah Case

In July 1991, Mensah was a "scooper," a taxi driver not licensed for pick-ups at Pearson Airport in Toronto. At the airport, an inspector stopped him, touched his shoulder, and informed him that he was under arrest for trespassing and that he would be detained until the police arrived. Mensah shoved the inspector away and bolted.

Mensah had already been cited on 22 separate occasions for trespassing at the airport. He continued to do so, despite having received notice under the provincial Trespass to Property Act denying him entry for any purpose onto airport property. The inspector had the status of a "citizen"--as he had not been granted police arrest powers--but he was also conducting arrests as allowed by the Trespass to Property Act (section 9). The issue was whether the inspector could use reasonable force to make or continue an arrest under that provincial trespass legislation. The Supreme Court of Canada answered in the affirmative and Mensah was found guilty of assault with intent to resist arrest. (R. v. Asante-Mensah 2003, SCC 38 (CanLII))

The Chen Case

On May 23, 2009, David Chen and two of his employees were working at the "Lucky Moose Food Mart", a popular shop in Toronto's Chinatown district. Anthony Bennett, a known criminal, approached the shop. He helped himself to several plants and escaped on a bicycle.

About an hour later, Bennett returned to the same outdoor shop. This time, in the true meaning of shopkeeper, Chen and his employees chased him down (caught on video) and restrained him. They pinned him down, tied him and locked him in the store's truck.

Police arrived when Chen was trying to relocate his truck with Bennett inside. Suspicious, they arrested both Bennett and Chen.

Legal Proceedings

The Crown charged...