R. v. Asante-Mensah
Encyclopedia
R. v. Asante-Mensah, [2003] 2 S.C.R. 3, 2003 SCC 38, is a leading Supreme Court of Canada
decision where the Court affirmed the limits to which private citizens may undertake an arrest, as well as the limits of private individuals in the use of force to protect property. This case holds particular importance as the prevalence of private security has become increasingly popular across Canada.
. He collected passengers from the airport and on numerous occasions received notice under section 3 of the Act that he was prohibited from entering onto airport property on penalty of trespass.
To control the problem of "scoopers" the airport authorities instructed the airport inspectors to undertake citizen's arrest
under section 9 of the Act. One of the inspectors attempted to arrest Asante-Mensah by touching his shoulder and informing him that he was under arrest and would be detained until the police arrived. Asante-Mensah attempted to get into his car but was blocked by the inspector. However, Asante-Mensah responded by shoving the car door into the inspector which gave him room to get into his car and he drove off.
At trial, the judge held that there was no arrest as the inspector was not authorized to use "reasonable force". The verdict was overturned on appeal. Asante-Mensah tried to challenge the law under section 7
and section 9
of the Charter but it was rejected and was not appealed on.
, the Court held that a citizen's arrest at common law allows for a use of "reasonable force". This includes reasonable force necessary to undertake the arrest and maintain it.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision where the Court affirmed the limits to which private citizens may undertake an arrest, as well as the limits of private individuals in the use of force to protect property. This case holds particular importance as the prevalence of private security has become increasingly popular across Canada.
Background
Daniel Asante-Mensah was a "scooper" – a type of Toronto taxi driver that picks up fares from the Pearson International Airport without the proper permit authorized under the Ontario Trespass to Property ActTrespass to Property Act of Ontario
Trespass to Property Act of Ontario is provincial law in Ontario dealing with illegal entry into private and public property. As a provincial law, the penalties and mechanisms of enforcement are also provincial...
. He collected passengers from the airport and on numerous occasions received notice under section 3 of the Act that he was prohibited from entering onto airport property on penalty of trespass.
To control the problem of "scoopers" the airport authorities instructed the airport inspectors to undertake citizen's arrest
Citizen's arrest
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...
under section 9 of the Act. One of the inspectors attempted to arrest Asante-Mensah by touching his shoulder and informing him that he was under arrest and would be detained until the police arrived. Asante-Mensah attempted to get into his car but was blocked by the inspector. However, Asante-Mensah responded by shoving the car door into the inspector which gave him room to get into his car and he drove off.
At trial, the judge held that there was no arrest as the inspector was not authorized to use "reasonable force". The verdict was overturned on appeal. Asante-Mensah tried to challenge the law under section 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
and section 9
Section Nine of the Canadian Charter of Rights and Freedoms
Section Nine of the Canadian Charter of Rights and Freedoms, found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment...
of the Charter but it was rejected and was not appealed on.
Opinion of the Court
The Supreme Court, in a unanimous decision, held that the inspector had properly arrested Asante-Mensah. In reference to R. v. WhitfieldR. v. Whitfield
R. v. Whitfield , [1970] S.C.R. 46 is a leading Supreme Court of Canada decision on the legal requirements of an arrest under the Criminal Code of Canada.-Background:...
, the Court held that a citizen's arrest at common law allows for a use of "reasonable force". This includes reasonable force necessary to undertake the arrest and maintain it.