MP Report

One of the trends I have observed with a number of bills and
private members bills in Ottawa is that many propose to limit, penalize or
otherwise restrict, actions which occur in our day to day to lives. Very few
bills enhance the rights of citizens however, on March 11th, Bill C-26 came
into force that does expand and better clarify the ability to make a citizen’s
arrest. As many of you may be aware, under the previous laws governing a
citizen’s arrest it was far more likely that the law abiding citizen who was
attempting to make the arrest would be in trouble, than the person doing the
crime. Many may recall a real-life situation when a small grocery store owner
in Toronto who had been victimized repeatedly by shoplifters made a citizen’s
arrest and successfully caught a shoplifter only to be subsequently charged
with a number of criminal offences including forcible
confinement.


Although the shop owner was eventually acquitted the lengthy and
extremely costly legal battle was not unlike being victimized a second time and
all for attempting to protect his family livelihood from a
criminal.


Bill C-26 The Citizen’s Arrest and Self Defence Act, was
introduced by our Government in November of 2011 and implemented several
important changes that now underpin new rights for all citizens. The most
significant change in the new citizens arrest law is that a citizen’s arrest
can be made within a reasonable period of time after he or she finds someone
committing a criminal offence occurring on or in relation to property.This
power of arrest would only be authorized when there are reasonable grounds to
believe that it is not feasible in the circumstances for the arrest to be made
by a police officer.The new citizens arrest laws also allows for a reasonable
use of force, taking into account all the circumstances of the particular
case.


To be clear, the intent of this weeks report is NOT to advocate
for vigilantism nor to suggest citizens take the law into their own hands but
rather to provide information so all citizens can be aware of these changes and
hopefully avoid misuse and misunderstanding. A citizen’s arrest should never be
viewed lightly as it is a serious and potentially dangerous undertaking. Law
enforcement officers are highly trained professionals and generally, reporting
criminal actions to the police is the best course of action.The main intent of
the new citizens arrest law is to provide more legal guidance and clarity in
those situations when crime occurs where there are reasonable grounds to believe
that it is not feasible in the circumstances for the arrest to be made by a
police officer. If you have further comments or concerns on Bill C-26 that has
now come into force do not hesitate to contact me at your convenience.


 
This week the House of Commons will again be in session with
continued debate on a number of Bills that I have referenced in previous
reports. Government Bill C-55 “Response to the Supreme Court of Canada decision
in R. vs Tse Act, Senate Bills S-9 “Nuclear Terrorism Act” and S-12
“Incorporation by Reference in Regulation” will be on the floor of the House of
Commons early in the week. If you would like more information about any of these
pieces of legislation, please contact me at dan.albas@parl.gc.ca or by phone at
1 (800) 665-8711. On Thursday, March 21, our Government's Economic Action Plan
budget for 2013 will be introduced by the Honorable Finance Minister Jim
Flaherty. In next week’s report I will provide further information on some of
the measures within the 2013 Economic Action
Plan.

Dan Albas is the Member of Parliament for Okanagan-Coquihalla. His blog is DaninOttawa.com and previous MP reports are on line at http://www.danalbas.com/