B.C. teen arrested for photographing mall takedown

[Ken7]

This pretty much covers this topic.

http://cbc.sh/A8obyCT

[keith1612]

Well anyone paying attention knows this has been a big issue in the states. Though we know it shouldnt be. So its important when this happens the lines are drawn niiice and clearly for the abusers. Littigate.

if the parents are smart they will hire a good lawyer and sue the owners of the mall.
my bet would be most any judge would find the security guards guilty and award a nice settlement.

[FreeRights]

...and this is where you go cold again. Guess what - the courts disagree with you. It's not a myth. A person better be damned sure the arrest is unlawful, but they're most certainly permitted to resist. (s 34(1) of the criminal code) You should read through Canlii. There's plenty of decisions affirming that.

I was not aware, though I've read through the CCC section 34 several times today and I cannot find a section relevant to denying unlawful arrest using force.

[36Drew]

...and this is where you go cold again. Guess what - the courts disagree with you. It's not a myth. A person better be damned sure the arrest is unlawful, but they're most certainly permitted to resist. (s 34(1) of the criminal code) You should read through Canlii. There's plenty of decisions affirming that.

I was not aware, though I've read through the CCC section 34 several times today and I cannot find a section relevant to denying unlawful arrest using force.

An unlawful arrest is considered an assault. Now re-read the ccc.

[FreeRights]

I was not aware, though I've read through the CCC section 34 several times today and I cannot find a section relevant to denying unlawful arrest using force.

An unlawful arrest is considered an assault. Now re-read the ccc.[/quote]
Do you have case law to back that up? I know that it can be considered assault after it has been deemed unlawful, but I have not heared a case where the "victim" of an arrest can determine the lawfulness of said arrest and act from there.

[36Drew]

I was not aware, though I've read through the CCC section 34 several times today and I cannot find a section relevant to denying unlawful arrest using force.

An unlawful arrest is considered an assault. Now re-read the ccc.

Do you have case law to back that up? I know that it can be considered assault after it has been deemed unlawful, but I have not heared a case where the "victim" of an arrest can determine the lawfulness of said arrest and act from there.[/quote]

*sigh* - Why do you persist in making queries that only show an ineptitude towards querying Canlii.

Of course there's case history. Here's just one:

http://canlii.ca/eliisa/highlight.do?text=resist+unlawful+arrest&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/on/oncj/doc/2011/2011oncj69/2011oncj69.html

Right to Resist Unlawful Arrest
[37] The Ontario Court of Appeal has recently dealt with the issue of the right of a citizen to resist an unlawful arrest in R. v. Plummer, [2006] O.J. No. 4530. That case involved an unlawful arrest of a cab driver, who engaged in a “scuffle” in resisting his arrest. Justice Rosenberg deals with the issue as follows in paragraphs 48 and 49:

48 Because there was no power of arrest, the arrest of the appellant was unlawful. The appeal judge observed in obiter that it would have been better had the appellant submitted to the arrest and not resorted to self-help. No doubt, it would have been better, but a person is entitled to resist an unlawful arrest, even where the unlawful arrest is attempted by a police officer. In the circumstances of this case, if the arrest was unlawful, the officer was not in the execution of his duty and thus the offence of assaulting an officer in the execution of his duty was not made out. See R. v. Delong reflex, (1989), 47 C.C.C. (3d) 402 (Ont. C.A.) at 411.
49 Further, in attempting to arrest the appellant without legal authority, the officer unlawfully assaulted him. The appellant was therefore not guilty of the included offence of assault. Section 34(1) of the Criminal Code gave him the right to resist the unlawful assault by the officer provided the force used was not intended to cause death or grievous bodily harm and was no more than necessary to defend himself. There was no suggestion that the force used by the appellant in resisting the arrest was capable of depriving him of the defence in s. 34(1). A similar analysis applies to the other charge of assault with intent to resist arrest. Since the appellant was unlawfully assaulted he had a lawful right to resist the arrest.

Canlii isn't nearly as nice to use as Google - but it still isn't at all difficult to use. Here's a nice link for you:

http://canlii.ca/eliisa/search.do?language=en&searchTitle=Search+all+CanLII+Databases&sortOrder=relevance&searchPage=eliisa%2FmainPageSearch.vm&text=resist+unlawful+arrest&id=&startDate=&endDate=&caselaw=courts

You should do some reading. It might save your career at some point.

[Ken7]

An unlawful arrest is considered an assault. Now re-read the ccc.
Do you have case law to back that up? I know that it can be considered assault after it has been deemed unlawful, but I have not heared a case where the "victim" of an arrest can determine the lawfulness of said arrest and act from there.

My advice to all of you PHILADELPHIA Lawyers. The time to argue about a arrest being lawful or not is in Court.
Court is later, not on the street!!

Save yourself alot of trouble.

Don't get me wrong this kid did nothing by law wrong. His day in court could be in Civil Court.

[gordon_as]

B.C.'s justice minister has ordered an investigation into the violent handling of a man in a wheelchair by security guards at a downtown Vancouver shopping mall, as seen in cellphone video broadcast by CBC News.

Shirley Bond said she has also ordered an investigation into another incident in which guards at Metrotown in Burnaby roughed up a teenager who had photographed them taking down a man in the mall.

[rideforever]

Cops only seem to get in trouble when there is video evidence so it's not a big suprise they will break the law and assault anyone who films them. They should first off have to buy him a new back pack and 2nd once their unpaid suspension is finished they should be put on educational duties where they do nothing but speak to the public and tell them how it is legal to film police.

[theyeti]

amen to that

[Ken7]

Cops only seem to get in trouble when there is video evidence so it's not a big suprise they will break the law and assault anyone who films them. They should first off have to buy him a new back pack and 2nd once their unpaid suspension is finished they should be put on educational duties where they do nothing but speak to the public and tell them how it is legal to film police.

I think if you READ the story you will find the confusion and inappropriate actions began with the Mall Security.

Think about it, they call the Police you've got one hot young person now shouting and swearing.
What would you do if you were a officer of the law??

a) Let the youth continue to disturb the peace.
b) Arrest / Detain the youth and get to the bottom of what occurred.

Now why throw stones at the police... it only shows us at what level of maturity you are at. In the end the Police did nothing wrong if you speak to the youth.

[36Drew]

My advice to all of you PHILADELPHIA Lawyers. The time to argue about a arrest being lawful or not is in Court.
Court is later, not on the street!!

Save yourself alot of trouble.

Don't get me wrong this kid did nothing by law wrong. His day in court could be in Civil Court.

First, I'm referring specifically to the arrest made by the mall security (not the police). Yes, they did effect an arrest. Second, you can be damned skippy that if I were in that situation, I would have resisted (mall security) to my heart's content knowing that they didn't have a case. I would have gladly surrendered to the police, as they have a far greater power to arrest. I would have also insisted on laying charges after explaining my position to the officers.

If I were a bystander in this very situation, I would have assisted in subduing mall security and in fact attempt to arrest them myself (and explaining myself to the officers).

Call anybody a Philadelphia lawyer all you like - it's not your place to suggest how one lawfully behaves save for the fact that they behave lawfully. (ie., Don't insist that I give up my rights just because you would).

[theyeti]

if i did this to a security guard id be charged with kidnapping assualt with a weapon forcible confinement threats etc.. because these clowns wear an outfit they get away with it ..

[noneofyourbiz3]

An unlawful arrest is considered an assault. Now re-read the ccc.
Do you have case law to back that up? I know that it can be considered assault after it has been deemed unlawful, but I have not heared a case where the "victim" of an arrest can determine the lawfulness of said arrest and act from there.

My advice to all of you PHILADELPHIA Lawyers. The time to argue about a arrest being lawful or not is in Court.
Court is later, not on the street!!

Save yourself alot of trouble.

Don't get me wrong this kid did nothing by law wrong. His day in court could be in Civil Court.

I imagine in WW2 Warsaw there was someone just like you. Bringing your coat for a nice day out at the side of a hole.

[goatboy]

I imagine in WW2 Warsaw there was someone just like you. Bringing your coat for a nice day out at the side of a hole.

Really, you're comparing Metrotown with WW2 Warsaw????

His point is, it's probably better if you don't resist (not going to help anyone, right?) and then pursue the legal options you have after the fact. No one was being dragged off to a firing squad here.