Citizen's Arrest and Self-defence Act

An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons)

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Rob Nicholson  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code to enable a person who owns or has lawful possession of property, or persons authorized by them, to arrest within a reasonable time a person whom they find committing a criminal offence on or in relation to that property. It also amends the Criminal Code to simplify the provisions relating to the defences of property and persons.

Similar bills

C-60 (40th Parliament, 3rd session) Citizen's Arrest and Self-defence Act

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-26s:

C-26 (2022) An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts
C-26 (2021) Law Appropriation Act No. 6, 2020-21
C-26 (2016) Law An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act
C-26 (2014) Law Tougher Penalties for Child Predators Act
C-26 (2010) Transboundary Waters Protection Act
C-26 (2009) An Act to amend the Criminal Code (auto theft and trafficking in property obtained by crime)

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 1:35 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, as I have listened to the debate over the last couple of hours, what I have found of most interest is the way in which members are conducting themselves, and the types of speeches we are hearing.

It has been interesting to compare Bill C-26 to another crime bill that the government had, Bill C-10. There is a significant difference. I would suggest that with this bill there is fairly widespread support. Support for this bill is not only here in the House of Commons. I would suggest that a vast majority of Canadians would be quite pleased to see not only the debate that is occurring but more importantly what Bill C-26 is proposing to do.

We can compare that to Bill C-10. All of the opposition parties were quite critical of the government. The government was not prepared to listen to the opposition parties. It was a very controversial debate. The government even had to bring in time allocation. If we reflect on what the public was thinking about Bill C-10, on the crime file, we will find that there was quite a difference of opinion and a different way of dealing with crime.

There was a philosophy talked about that was, in essence, taken from the Deep South of the U.S., a philosophy of building more prisons and putting people in jails, a policy that has not worked as opposed to a policy that favoured trying to prevent crimes from taking place.

I look at today's bill as a bill that ultimately will pass. The government will not need time allocation for Bill C-26. There is a sense of co-operation. There is a sense that this is indeed a bill that deserves passage. I suspect it is only a question of a couple more hours, a few more speakers, and we will see Bill C-26 pass.

Most Canadians believe that citizen's arrest is pretty straightforward and that they could do that today. In certain situations, yes, they could do that today. However, we have heard examples of just how much misunderstanding there is around that.

Let us look at the example of a citizen's arrest in a poor environment. An individual walks into a store, grabs some merchandise, then walks out. Halfway down the block, the thief is apprehended by the store owner or an employee of the store. The store owner or employee is putting himself or herself at risk of numerous charges. The way the system is set up, the store owner is in fact potentially going to be a double victim. He or she was victimized when the property was stolen from the business. There is a very strong likelihood that charges will be laid against the store owner or employee because in apprehending the thief a half-block away from the store, and not in the store, he or she could be charged with unlawful arrest.

However, one member explained earlier that if the individual was in the store when the citizen's arrest was made, that individual would be able to say that he or she had not left the store and intended to purchase the merchandise. There is a great deal of clarity needed on this issue.

This particular bill reminds me of a provincial bill passed a number of years ago in the Manitoba legislature. It was called the good Samaritan bill.

I was the seconder of the bill. It was a Liberal Party initiative by Liberal leader Jon Gerrard, something he had advocated for a number of years, and we were ultimately able to get it passed.

I say that because a lot of people would make the assumption that if there is a vehicle accident and a good Samaritan assists an individual involved in this emergency situation, by trying to help someone, that good Samaritan could be sued. That particular bill tried to provide clarity. Much like Bill C-26, which would provide clarity.

It does make some changes, much like the good Samaritan bill. Ultimately it reinforces the idea that politicians are listening to what the people are saying and living up to the public's expectations. I think we will find a great deal of support for Bill C-26. In good part, it just makes sense.

I would like to make reference to a few stories. In Winnipeg North, the area I represent, crime and feeling safe on our streets is likely the number one issue, very close to health care. People want to feel safe. People have a right to feel safe and secure in their communities, their streets and their homes.

Like many members of the House, while knocking on doors during election campaigns, quite often I would hear examples of a citizen who felt threatened. We hear on the news about an individual store owner who has tried to protect himself or herself or the merchandise.

I wanted to reflect on stories I have heard and which connected with me because of the manner in which they came about. One of them was from a woman who lived in a house around Arlington Street, one of the core areas of Winnipeg North. She indicated to me that when the sun goes down, she does not feel safe to leave her own home. She does not feel safe to open the door and go outside to her own yard. The way in which that woman expressed herself stuck with me.

When I was in a 55-plus seniors' block after a town hall meeting, a gentleman asked me if I had ever heard of the concept of walking around with two wallets. When I asked him to explain, he said that in case an individual were mugged, the individual would hand over one wallet, and the other wallet would contain his or her identification and money.

When I reflect on those two incidents, it highlights how important it is for me as an elected official to ensure that we do what we can to provide that very basic level of comfort for the citizens of Canada to feel safe in their own communities. I would like to think that people should feel comfortable enough, no matter what their age, to walk out of their homes, no matter at what time of the day. That is a feeling that many generations have experienced. It is a fundamental right we need to work toward.

Individuals should not have to feel that they are going to be mugged when they go for a walk down a commercial or residential street. That raises a flag for me. I take it on as an issue of great importance because we want to try to make a difference.

Two other stories come to mind. This is where public opinion comes in. People will say, “Yes, that's a wonderful story”. This one involves someone I know personally. He is now 70 years old. At the time of the incident he may have been 68 or 69. He was out for a walk in the community of Maples where he does quite a bit of walking. He was approached by two rather large individuals in their late 20s or early 30s. As they got closer, he could tell there was some sort of substance, drugs or alcohol, involved. They approached him very aggressively. They started to rush at him and he believed that he was going to be mugged. This wonderful gentleman grabbed the one individual and lifted his one leg to propel the other individual. I guess he squeezed too tight which caused the individual in his arms to pass out. Then he faced the other individual, who looked at him, saw the other guy on the ground, and turned around and took off. I have heard the gentleman tell that story on several occasions, one to one and in a mall. It made a lot of people feel good that we have a senior with the ability to protect himself.

Another story was in regard to a local store owner. This gets right to the bill itself. This store owner was robbed. She was asked to help out with some ice cream and as she bent over to pick it up, she was stabbed in the neck. Fortunately, it was not fatal. As they were youth, instead of trying to chase them, she knew who they were and she went to the local police. She was able to ensure that those individuals were arrested.

I talk about those latter two stories because we have to be able to use common sense. When we pass Bill C-26, an important part of that bill is the issue of being reasonable. We have to recognize that it is very dangerous, if we are conducting a citizen's arrest, to confront someone who has committed a criminal action. We do not know to what degree the individual is going to respond. I have had many discussions with law enforcement officers. They say that if we are being robbed we should surrender whatever it is that is being asked of us. By doing that, we are decreasing the likelihood of incurring personal harm.

I have had the opportunity to talk to individuals who have been robbed at knifepoint, when a knife was put to their throat. One individual was very candid. He was scared because he thought the individual who had the knife was completely losing it and was going to cut his throat because he did not know where he was and just wanted to see money. He could see panic and fear in the individual who was robbing him.

Fortunately, the criminal left the scene after the person handed over the money. However, this person had the common sense to evaluate, much like the lady who was robbed in the store. In all cases, people have to use common sense and not feel they have to be heroes in order to protect property. That is one of the concerns that we have with regard to this particular bill.

We passed the legislation and want people to feel comfortable in knowing that they can conduct citizen's arrests. I gave the example of the individual who leaves the store and halfway down the block the store owner catches up. This bill would enable that store owner to recover the property, conduct a citizen's arrest and not worry about being charged. That is a positive aspect of the bill.

The concern that many individuals have with this bill, whether it is members of the chamber or law enforcement officers, is that we are not trying to tell the citizens of Canada that this is something they have to do. What they have to do is use discretion. Police officers are well-trained individuals and know how to conduct an arrest. They can anticipate the type of reaction they are going to get if they make an arrest. For the most part, average people do not know what is going to happen if they approach someone and say, “You have taken merchandise from my store, and I want you to give it back” or if they attempt to conduct a citizen's arrest. They do not know if in fact the individual has a concealed weapon, for example, and how they would react to that. When a store is robbed or someone is assaulted, most people would like the victim not to be made a victim again by attempting to do something that maybe he or she should not do.

That said, when circumstances allow someone to conduct a citizen's arrest, whether it is because of a robbery or in defence of someone who is being attacked or something of that nature, it is most appropriate to have a law that protects that individual. It is important that we protect individuals' rights to defend themselves. To that degree, Bill C-26 provides clarity for our courts and judicial system so that when people are being threatened with bodily harm, they have to have the right to protect themselves with reasonable force. They have to have the right to protect themselves. This is where Bill C-26 has great value, because it provides clarity to our judicial system. It tells our courts that under certain circumstances a person has the right to protect himself or herself from bodily harm or to protect his or her property from being taken or damaged.

For the most part, that legislation has a common sense approach in dealing with these issues. Because of that, we see that it has the support of the public as a whole and of political parties, generally speaking. I understand there are some concerns, but for the most part I believe members will vote for the bill. The Liberal Party's position has been to support the bill.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 1:55 p.m.

The Acting Speaker Bruce Stanton

The hon. member for Winnipeg North will have 10 minutes remaining for questions and comments when the House next returns to debate on the question.

The House resumed consideration of the motion that Bill C-26, An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons), be read the third time and passed.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 3:45 p.m.

NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I am pleased to rise to speak to Bill C-26, an act pertaining to what civilians can or cannot do when it comes to crimes that are perpetrated against them or their property.

It reminds me of my colleague, the member for Trinity—Spadina, and her constituent who was arrested after a perpetrator, who committed crimes against his particular business, was apprehended by him in a citizen's arrest.

When we look at the bill in the sense of what we should do on a go forward basis, it reminds me that we always need to think about many things when we suggest to citizens or when we try to protect them from charges against them when they try to protect themselves or their property.

I am always cautious around that type of action. Citizens need to be careful that they do not push the limits in what they do to protect themselves and their property when perhaps leaving the situation would be more advantageous. They could be either attacked or hurt when a situation could be defused.

Clearly we want to help them protect their property, their families and themselves from unwanted criminal acts that are perpetrated against them, but by the same token, we do not want to mislead them into believing that somehow, all of a sudden, they should become some form of adjunct police force.

As much as we support the bill, I would caution folks that if they are faced with the predicament of being attacked or their property being broken into and they are unable to move away, they should take reasonable precautions to ensure their property or their family is protected in a safe way that will not inflame or injure themselves or put them or their families at an even greater risk. It is not wrong to protect one's property, one's family or one's self from the perpetrator of a crime.

However, we do not want to give that false sense that individuals should be police officers because they live out in the country. I live out in the country, and to be honest, there really are no police officers in the neighbourhood for any of us who live in rural parts of Canada. The officers are quite far away, and that is as it should be. There are not many of us there and we cannot have an officer for half a dozen houses if they are miles and miles apart. It quite often takes a period of time for folks to get there.

Many of us have been victims of folks who have taken our property. I was the unwilling victim. It happens in rural Ontario, and I am sure it happens to rural constituents across this great land of ours, those who have nice sheds. When I say a shed, it is not the ones we get at Canadian Tire, 7x12 with flimsy stuff. These are great big sheds that hold full tractors, lawn tractors, lawn implements or other implements. We get a rash of folks coming across the rural constituencies who simply decide to load up their trucks with our goods.

In my case it was the famous whipper-snipper and chain saws. The only fortunate part was that whoever the perpetrators were, they could not figure out how to get the lawnmower tractor to move. They did not know that if they yanked on the little lever on the back, it would free-wheel and they would be unable to move it because the transmission was locked, fortunately, so I did not lose that. However, I lost a whole pile of other things.

Unfortunately for me, after I decided to bolt things up and chain them all together after I had replaced them, about four months later they decided to pay me another visit and scooped more stuff, but still could not get the tractor. I have to thank my dad for that, albeit he is no longer with us. As a millwright, he left me great big 10 and 20 foot lengths of chain with the great big locks he used to have when he was an industrial millwright, which would take one heck of a heavy bolt cutter to get through if an individual wanted to do that. These folks do not have bolt cutters. They do not really come equipped with that type of tool. Therefore, they could not get the additional stuff from me.

If I had been home at the time and witnessed the fact that those folks were entering my property and stealing valuable tools from me, which I need for the purposes of looking after my property, I certainly would have been at the window, yelling at them. Depending on the circumstances of what was going on, I may have been reluctant to actually go out and physically confront them. If there were more than one of them, and I was by myself, that may not have been what I would have wanted to do. I certainly would have been on the phone to 911. I may have been marking down their licence plate number and then allowing those sorts of things to go on. I certainly would have been protecting my property from that perspective.

In all cases it is not as simple as that, because the person might have been trying to come in through the door of my house. If I happened to be home with my family, that would present a different and unique danger.

If I am protecting myself and my family from a perpetrator who is intruding into my property, with malicious intent, whether that is to physically harm me or my family, or to do damage to my property just by simply being a malicious individual, do I deserve the right to then try to protect my property? The answer to that is yes, in the perspective of understanding what one needs to do.

People need to take caution, as I suggested earlier, and establish what the situation truly is. If it is perhaps younger people, who may be more afraid of the victim than the victim is of them, the victim might be able to get them off the property. Then again, it could be a person who is well-armed. It could be more than one person. People need to look at the situation and decide how to protect themselves and property. There should be no cost to victims who protected their property by charging them rather than the person who tried to invade their property.

It gets to the nub of the situation of the rights of an individual who is about to become a victim. Clearly, that is what happens to those of us who are either on our property or perhaps are even attacked in the street while walking, for instance. We are victims of a crime and we are simply trying to defend ourselves from an attack of some description.

What it amounts to is the law should not be making a person a victim a second time. The individual has already been victimized the first time. The victim has already perhaps lost property or has had property damaged, or has received some sort of physical harm.

At the very least, people having had their property taken away from them is an emotional violation, whether they are harmed or touched in any particular way. Even though people may not be there at the time, there is a certain value to losing property, whatever that happens to be. In my case it amounted to a few thousand dollars. Those are things that a person has had for a period of time. In some cases, a person's house may have unique value or a person may have intrinsic thoughts that hearken back to loved ones. Maybe it was a prized possession that grandma left for the person. If the person loses that, the emotional violation is always there.

Any time people are victims of crime, the last thing that should happen is that they are victimized again, or at least feel as if they are victim again. They have already been victimized by someone who has decided, in a malicious way, to do damage to their property, to them and their family.

We would all want and hope that folks would not perpetrate this type of violence or crime against other folks, but it would be naive in the nth degree to think that somehow all crime will just end. That is not the case. As we all know, crime is perpetrated, albeit we know it is on the decline.

Based on that, we have to look at what we can do to ensure that crime continues to decline. Albeit my colleagues across the way and I disagree about how to handle crime and punishment and rehabilitation or how to meet the balance. This is about folks who perpetrate crimes against others and the consequences of doing that, and there should be consequences.

What should the consequences be? What do we do to ameliorate that situation because the vast majority of those who perpetrate crimes eventually come out of incarceration or remand, depending on how it is done, or will be in the general society? How do we deal with that particular situation? How do we keep folks from taking other people's property? Ultimately, it really is an issue of how to move forward on crime.

This is about ensuring that the victim does not become another victim. That is the last thing New Democrats want. It was our colleague, the member for Trinity—Spadina, who in the last Parliament asked how one could protect oneself. Is it fair and just and right to use the powers that are available to citizens to ensure they protect their property, their person or family without crossing the line and committing a criminal act?

What is that line? How do we make that line broad enough so folks do not inadvertently trip over it because they did not understand it? How can we continue to move forward and allow them to act in a responsible way because they are a victim?

The folks this legislation would cover are the unwilling and unintended victims of a crime. They had no knowledge that a crime would be perpetrated against them. This was not a contrived act that the victim knew about. The victim had no sense that a crime would be perpetrated against him or her. This really was about an unintended situation happening to the victims, not unintended by those who attacked them. An intended act is when one decides to kick down someone else's door and ransack the house.

Ultimately, what are the consequences on people who receive that intentional act? They have to understand what the law will allow them to do. They have to understand that they can protect themselves or their property knowing in the full light of day that they will not have to worry about being criminally charged because of some unintended act based on an intended act by someone else who broke into their home and attacked them, their family or their property.

Again, it really has to be a cautious act. I would not want folks to think that this becomes a carte blanche bill that would allow one to set up some form of quasi judicial force or, for those of us who live rurally, would allow one to set up some sort of adjunct police force that is not the auxiliary police force.

We already have auxiliary police officers throughout the country, in Ontario and in my region. We have many of them because we do not have enough police officers. These auxiliary police officers are used at special events and parades. They are used extensively for the Labour Day Parade to help with crowd control and traffic. In my neck of the woods there are some great hills for cyclists. The auxiliary police officers control the intersections so that the regular officers can be out doing the work they are empowered to do under the law. We do not want to see another adjunct to the auxiliary officers such that, for example, the member for Welland will now have a group, and not just a neighbourhood watch.

A neighbourhood watch is a good thing. It is a neighbourly thing when one looks after a neighbour's property by simply paying attention when the neighbour is away. In my case, when I travel here, I know that my neighbour, Dave, who lives down the street—and I will put a plug in for my neighbour—and owns Longlack Poultry comes to plow my driveway, which is greatly appreciated. He has been doing this for a number of years now. My partner appreciates when the driveway is done and she is not waiting for me to get back from Ottawa to do it. I want to thank Dave for that. He helps out with my property and keeps an eye out, as do other neighbours because we do not live next door to one another as people do in the city.

When I say that we live next door to one another we are about a half mile away from each other. The neighbourhood watch is really about noticing a suspicious vehicle. Unfortunately, that is how my material was lost. That is how folks in rural Canada lose material. Trucks pull up and look like moving vans, but they take all of one's stuff. However, we do not want to see people in a neighbourhood watch who think that they somehow have the power of the police to interfere in situations and act as if they are members of a quasi police force. I do not believe the bill intends for that. I would caution folks that is not the way we would like to see this go. The police forces have a legitimate role and they do it in a very effective way. We congratulate and thank them for all of their hard work.

This reminds me of when I was on the community policing association committee for my neighbourhood. I used to ask the sergeant about the number of police cars in the neighbourhood when we had break-ins. He would say that they were re-evaluating and would place a car here and there. I remember a complaint from a constituent that a car was not in our neighbourhood. There were none in the town at all. When I asked the sergeant why there was no car within the area, he told me that there was a stabbing in Niagara Falls. He asked if I would prefer the police car to be in my town or somewhere else. I said that I would prefer it there was not a stabbing at all. There was no car in my area because he had to allow the car to go to a very serious situation. Someone had been violently attacked and stabbed.

I will finish by saying that as New Democrats we certainly appreciate the bill coming forward. We have made an amendment to it and we would like to see that happen. However, I will say to the folks out there, whenever one is in danger, be careful, call the police and try to ameliorate the situation so that more harm is not perpetrated on oneself or one's family.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:05 p.m.

Conservative

Brad Butt Conservative Mississauga—Streetsville, ON

Madam Speaker, I want to thank my hon. friend from Welland for a very thoughtful speech about the importance of this bill. I think most members of this House will be supporting this bill in the end, even though some people may have one concern or another.

One of the reasons I am supporting this bill is for the small businesses in the Streetsville business improvement area in my riding. These are hard-working local merchants, often one person working in a store, and they have been victimized. There has been a robbery, an assault or something. Quite often we find in these cases that the perpetrators return. They realize it was a good place to try to commit another robbery because it worked well previously. They can escape around the back quickly. However, sometimes the shop owner is able to get a picture of the perpetrators on video or maybe a glimpse of them. Then the perpetrators come back.

Would the member not agree that this bill is perhaps designed to help out that type of small merchant in communities all across Canada to be able to take some action if perpetrators return, and not be subject to charges as could presently be the case?

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:05 p.m.

NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, my hon. colleague is absolutely right about the small business owners. There are many in my community.

As the member knows, although my community is more than just Welland. I love to give a plug to my riding of Welland, which is Welland, Port Colborne, Wainfleet, Thorold and parts of St. Catherines. There are small communities, like Port Colborne, Wainfleet and Thorold that have small business owners.

I think of a merchant like Elio's Foot Comfort Centre where people can get custom-made shoes and orthotics. I would encourage the member for Mississauga—Streetsville to come down and get those. If so, maybe he could get a pair of cowboy boots just like my good friend, Peter Kormos, the retired MPP from Welland. That is where he bought his good Canadian cowboy boots.

Clearly, the reason for this bill, as was said by the member for Trinity—Spadina, was what happened to Mr. David Chen in her riding. This was a small business owner who had acts of violence and robbery perpetrated against him not once but twice. We do not wish to see hard-working folks who own small businesses be victims of crime on multiple occasions, as in Mr. Chen's case, by the same person.

It is bad enough when an act is committed against a business owner or an individual, but it seems to me it is worse when the person who committed the crime comes back and perpetrates another crime against that business owner or individual. That is brazen beyond belief, that the same person would come back and try to victimize someone again.

Clearly that is why my colleague, the member for Trinity—Spadina introduced the legislation in the last House, to make sure that that did not happen.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:05 p.m.

Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Madam Speaker, in my own riding of Cape Breton—Canso, we had a rash of break-ins over a period of time in the Howie Centre, Sydney Forks area. We were fortunate. A member of the community, Seana Niedzielski, called a community meeting. There was a very good turnout. In conjunction with the Cape Breton Regional Police Services, she set up a neighbourhood watch program.

I am nervous about this piece of legislation because of something shared with us that evening. Police officer Paul Ratchford said that when people see someone trying to steal their barbecue, their initial reaction is to go out and confront the person. However, if someone is stealing something out of the backyard, he or she is probably not a very rational person. The individual may be high on drugs, such as cocaine or crystal meth. Those who confront these people are putting themselves at risk.

My question to my colleague is, should there be an education piece to go along with this legislation so that we do not unleash vigilantes across the country? There is a proper response for someone who sees a crime being perpetrated on his or her property. There is a rational process that should be pursued.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:10 p.m.

NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, I agree. It is an issue of what a reasonable person should do when faced with the situation, as my colleague has expressed. What do we do with someone who has indeed—

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:10 p.m.

Some hon. members

Oh, oh!

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:10 p.m.

The Deputy Speaker Denise Savoie

Order please. There was a question raised and the hon. member is answering.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:10 p.m.

NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, I know my colleague from Cape Breton. It is a wonderful part of the world. Next to my homeland of Scotland, it reminds me of being home when I come to Cape Breton. I have been there many times.

As the member described, if someone came into my backyard to steal my barbecue, he is right that the first response sometimes is to head to the door and prevent it. However, as I said earlier, I ought to take half a step back and question why I would go out. The person is bigger than me. Perhaps as was described, he or she may indeed be under the influence of a substance or may have a weapon. Therefore, the first response should be to dial 911 and have the police come. We should not take it upon ourselves when indeed we do not have to because we are not being physically confronted.

The issue is different if we are in a business and someone comes into that business or our home and attacks us or one of our family members. That is a huge difference. If someone is outside our home stealing property, such as in my case when folks decided to help themselves to the material in my big shed, that is a different situation altogether.

Therefore, I would implore Canadians not to take action themselves when indeed the action they should be taking is to have the police forces take the action on their behalf. That is why we have them. They do a good job. They are well trained and well prepared to take that type of action.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:10 p.m.

NDP

Françoise Boivin NDP Gatineau, QC

Madam Speaker, I appreciated the hon. member for Welland's speech. I support and share his rather serious concerns about the fact that corner store owners and others can decide to take justice into their own hands.

In committee, we heard from representatives of the Association of Professional Security Agencies. Most of their presentation involved asking the government to give the association more authority in order to allow the police to take care of more important matters.

I would be curious to hear my colleague's opinion in this regard. It seems to me that the training security guards receive is not necessarily the same as that received by police officers. This is one of our concerns about this bill—it allows a witness or the person he appoints to make an arrest in lieu of the police. Are we therefore not allowing many other people to take on a peace officer role?

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:15 p.m.

NDP

Malcolm Allen NDP Welland, ON

Madam Speaker, clearly we do not want to create another quasi police force. We have a police force, whether it be the RCMP, regional police or provincial police, depending on the province and where we live across this great country. Day in and day out, we have officers who do the hard work that we ask them to do.

We need to ensure that the folks who are in security agencies make sure that the property is secure, that folks are not trespassing, that the doors are locked at night, that parking lots are clear, and that if folks get hurt or fall ill they call the appropriate authorities. In the case of a crime being perpetrated, their call to the appropriate authorities would be 911 to have the police come. They should not become an adjunct police force looking for additional powers to take on the role of a police officer, when indeed we have them available to us, as do they.

This bill should be about the unintended consequences for me as an individual when I do not have a security person looking after my house. When someone enters my door and I am confronted, I have the choice to either fight or flee. In all cases, when one can flee, one should flee.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:15 p.m.

NDP

Jasbir Sandhu NDP Surrey North, BC

Madam Speaker, I will be splitting my time with the member for Winnipeg Centre. I actually prefer to speak before him, rather than after him, because I know he has a great speech.

I want to take a couple of minutes before I speak to the bill to say I had a chance to attend a function on Friday that was organized by some very young people in my riding. It gives me great hope for Canada when I see young people being involved in our community and setting an example for other Canadians. These young people have managed to raise $10,000 in a couple of months for BC Children's Hospital.

I just want to read out their names: Prineet Ghuman, Harmeet Nijjar, Mandy Badwal and Sharon Uppal.

These young people are in high school. I want to thank them for taking a leadership role in our community and raising funds for the BC Children's Hospital.

Citizen's Arrest and Self-defence ActGovernment Orders

April 24th, 2012 / 4:15 p.m.

Some hon. members

Hear, hear!