Interesting case in Toronto RE; Shoplifter "kidnapped" by merchant

[HEyHEY]

http://www.cbc.ca/canada/toronto/story/2010/10/07/chen-grocer-trial659.html#socialcomments

I think this is actually a hard one to make a call on both legally and morally. Ultimately it showcases the failure of the cops. This guy called them many times before and they were no help, so he took matters into his own hands. Can you really blame him?

[TwilightGardener]

1. He's mad as hell and he's not going to take it any more!!

He did the wrong thing, legally, but his frustration was understandably at a boiling point. But if you were going to steal something from a grocery store...why plants? Who steals plants?

[Incitatus]

10. Was he wrong, legally?

I'm pretty sure merchants have the right to detain theives, as long as they contact the police ASAP.

[TwilightGardener]

11. Don't know what Canadian law is, but I'm going to guess they will

find him guilty--the merchant didn't detain him at the store, he put him into a van and assaulted him and drove away from the scene. That's a different animal.

[JI7]

12. if i was on the jury i would vote not guilty

[Canuckistanian]

2. His lawyer is trying to make some larger legal points

Such as when can you make a citizen's arrest and how far can you go to detain a suspect.

I think it needs clarifying.

[HEyHEY]

3. Yeah, of course, that's how he will win the case

But the thing is, I think most people don't even know what their rights are when it comes to citizens arrests. I do know you aren't allowed to tie them up and beat the shit out of them, sadly, I'd love to get my hands on the guy who stole my CDS back in 1999, but am I allowed to sit on them if the cops are en route?

[Canuckistanian]

4. Well then, the court will decide

What exactly ARE the limits? Can we at least slap them in the face, once, if they resist? Restrain them with velvet ropes?

Neither?

What's the protocol here?

[JI7]

9. i would like to beat the shit out of people who stole from me

i hope horrible things have happened to them.

[JI7]

5. why not let the merchant go with a warning just like they let the scum shoplifters go ?

[HEyHEY]

7. I imagine he'll get a suspended sentence.

[JVS]

6. If beating up people and throwing them in the back of my van is wrong, I don't want to be right.

[HEyHEY]

8. How else you suppose to instill fear in the community!?

Our hands are tied!

[MadHound]

13. I sympathize with the grocer, having dealt with slow cops.

But the fact of the matter is that since this was not a matter of life or death, you can't kick the shit out of somebody, tie them up and toss them in a van. That's not just illegal, it's wrong, period.

The grocer will probably get off fairly light in criminal court, but shoplifter just might have won the lawsuit lottery in civil court. Depends on the difference in Canadian and US civil law.