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 was last introduced in 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.

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.

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.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 3:40 p.m.


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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, it was not that long ago in a minority setting that the government did not really want to, but was forced to, work with other members. We did get things done. The government has had from the beginning the attitude that it has a majority and somehow 39% of the votes give it 100% of the power. The Conservatives believe that they can just rule at will. Their whole demeanour changed once they received that majority. It is a shame, because Bill C-26 is an example of how working together benefits all of us politically, but more important, provides better legislation, better laws and ultimately safer streets.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 3:40 p.m.


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NDP

Raymond Côté NDP Beauport—Limoilou, QC

Mr. Speaker, I want to thank the hon. member for Hamilton Centre for his very eloquent speech. It gives us an appreciation for the situation and the work that has been done on Bill C-26.

The thing that strikes me is the spirit of co-operation that has allowed the House and the committee involved to achieve what we could call an optimal result. It may not be perfect, but perfection is unattainable. So it goes and we can live with that.

However, I think this is a start, or at least a shining example compared to other very unfortunate cases where the government decided to embark on its own path, alone. We have seen some of the consequences of that approach.

I would like the hon. member to say more about this spirit of co-operation that we wish for in order to achieve results that benefit everyone since, after all, we are all representatives of the Canadian population as a whole.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 3:45 p.m.


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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, it was important that the member said the House and committees. All of us in this place know that the real work, the roll up our sleeves, get down to work, no one is watching, just do plain work, happens at committee.

We first started to see the government's approach to committee work when we were setting up the rules, when we were talking about how committees would be structured, how often people would be allowed to talk, all those basic and fundamental fairness rules. We watched the way that the Conservative government just rolled in like a bulldozer and attempted to get every advantage it could, believing again that its 39% of the votes gave it an entitlement to 100% of the power and everything that goes with that.

The member himself answered appropriately in focusing on committee, because that is where the work happens, that is where the tone is set. The work that was done in committee that led us to Bill C-26 was successful. I am willing to bet that if we looked at the transcript we would find that people cooperated, people worked together to find solutions rather than working to find divisions based on partisanship.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 3:45 p.m.


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Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, I rise during this discussion with great disappointment in my colleagues in the NDP. Many of the things that they have said today are absolutely not factual, not based on any kind of a study that has been done.

Having almost 19 years of police experience tells me that victims across this country are screaming for governments across the country to do the right thing and to support them in their efforts to find justice. This is another example of where the NDP has it wrong. Those members continually support judicial discretion for offenders.

I stand today to ask a simple question of my hon. colleague from the NDP. Will he stand and simply tell Canadian victims that he will support victims over offenders and join the government in its efforts to do so through its legislation? Will he support victims here and now? Will he state that to Canadians so that they know clearly that the government and opposition members are trying very hard to do what is right for all victims across the country?

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 3:45 p.m.


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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I do thank the parliamentary secretary for her time and her involvement. Let me say at the outset that I have great respect for the service she provided in uniform as a Canadian police officer. I share some experience in the policing world, having been the Solicitor General of Ontario, as well the civilian head of the OPP. I was also responsible for corrections.

I know that the job does not end when we arrest someone. When somebody does something wrong, then our justice system needs to kick in. However, this notion that somehow from that moment forward whatever the crime, the individual no longer has a useful role in society is not an approach that we believe in.

The fact of the matter is that these are our family members, neighbours, co-workers, and at some point in their sentencing they are coming back out. If we do not do something to make it different for those individuals, they are going to come out and make it worse because they know of nothing else.

We believe in balance. While we must make sure that we impose the justice system as we need it, support police and support our justice courts, we must also be sure that we are fair to the people who are in there, recognizing that we want them to have a positive future, not just throw it away.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 3:45 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I will be sharing my time with the member for Timmins—James Bay.

Today, I am pleased to speak to Bill C-26 which deals with citizen's arrest and the defence of property, and clarifies the concept of self-defence.

The bill amends the Criminal Code in order 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.

First of all, we will be supporting this bill, which is essentially modelled after a bill previously introduced by our NDP colleague for Trinity—Spadina. I would like to congratulate her for her efforts in this regard.

You will recall that it all began in her riding back in May 2003, when the owner of the Lucky Moose Food Mart, David Chen, arrested a man who stole something from his store.

The Criminal Code allows the owner of property to arrest someone only if the presumed perpetrator is caught red-handed. In the case of Lucky Moose Food Mart, the owner arrested the thief one hour after the incident, when the criminal returned to the scene of the crime. As a result, the police charged the store owner with kidnapping, carrying a concealed weapon, assault and forcible confinement.

The charges of kidnapping and carrying a concealed weapon were dropped by the Crown, and Mr. Chen and his two co-accused did go to trial. They were acquitted of the charges of forcible confinement and assault in October 2010.

In order to protect citizens like David Chen from criminal prosecution, our colleague from Trinity—Spadina introduced a private member's bill to allow people to make arrests without warrant within a reasonable period. We are pleased to see that it has been reintroduced by the government.

It is important to note that the Canadian Association of Chiefs of Police supports Bill C-26. When he appeared before the committee, Superintendent Greg Preston said:

...CACP does support the passage of Bill C-26. We think it's important that citizens be recognized, that when they do act, they have self-defence available to them. We believe that this will assist the police in understanding, to be able to better determine whether or not somebody who does act does so lawfully.

...we'd prefer if we were on every street corner, but that's not the reality of the world. It is inevitable, and as such we certainly support the idea that they would be recognized for that.

It is important to understand that Bill C-26 does not reinvent the wheel. In Canada, the power granted to citizens to arrest without warrant is defined in section 494 of the Criminal Code. With regard to citizen's arrest, the only thing Bill C-26 does is to allow citizens to make an arrest without a warrant “within a reasonable time”.

Bill C-26 also includes amendments to provisions of the Criminal Code related to self-defence and the defence of property. These amendments will lead to long-awaited reforms that will simplify the complex provisions of the Criminal Code on self-defence and the defence of property.

In committee, Nicole Dufour, a lawyer and the coordinator for the Barreau du Québec's Criminal Law Committee, had this to say about self-defence:

The Barreau du Québec would like to offer its congratulations on the effort to simplify the legislation relating to self-defence, which has been criticized by the courts and by law enforcement bodies. In our opinion, these amendments do not alter the current case law, since the proposed provisions address the conduct and actions of a person who uses force, and not the outcome, for deciding whether the use of force in the circumstances is reasonable and lawful.

In committee, Hamish Stewart, a law professor at the University of Toronto, also pointed out the efforts to simplify the provisions on self-defence. He said:

The existing provisions of the Criminal Code have often been criticized for being unclear, for overlapping in ways that are not always clear, and for being difficult to explain to juries. There has been a long stream of criticism from lawyers, judges, and academics about the difficulty of interpreting and applying the existing provisions. So the attempt to take all these ideas of self-defence and put them into one section that would be clear and that would apply to all potential crimes I think is very welcome.

Although we support this bill, we regret that in committee the government rejected our amendment to specify that self-defence includes actions taken under the influence of what is referred to as battered woman syndrome. We wanted the bill to recognize that it is possible that a person who has been a victim of domestic violence might reasonably perceive the perpetrator of repeated acts of violence to be a greater threat than someone without this history might perceive the perpetrator to be.

We believe that the definition of self-defence must take into account the subjective perception of the circumstances rather than a purely objective perception of the situation. We thought that the terms describing the history of the two parties were not specific enough in Bill C-26 and we wanted to ensure that in this type of situation “the act committed is reasonable in the circumstances” from the individual's perspective.

The Canadian Bar Association and the Canadian Association of Elizabeth Fry Societies recommended this amendment. Unfortunately, this government did not support it.

Eric Gottardi, from the Canadian Bar Association, pointed out that the current legislation does not protect female victims of abuse very well and that it is imperative to correct this situation. In committee, he said:

It's well accepted in our case law that a reasonable person, acting reasonably in the circumstances of the accused, can have honest but mistaken beliefs about a set of facts. So someone might think that they're about to be attacked or they're about to be threatened, and they may act in self-defence. That, in fact, might not be the case. But as long as they honestly believed, and that belief was reasonable, then they are justified in using force to defend themselves, even in advance of an attack or in advance of a threat.

...

We're strongly against violence against women, and we support a law and an amendment to the law of self-defence that protects those women in their subjective belief that they are under imminent threat. It's our concern that subjective belief isn't adequately protected as the law is currently drafted.

I am extremely disappointed that the NDP's amendment was rejected and I can assure you that we will continue to press this issue. Furthermore, I met several times with women from La Mouvance, a women's organization in the riding of Rivière-des-Mille-Îles. These women do extraordinary work with female victims of violence. Unfortunately, they are not receiving any financial support from the federal government. Evidently, this government is not interested in helping women who are victims of violence by supporting the NDP's amendment.

There was a demonstration on the Hill today. We know that tomorrow, the Conservatives will be launching an attack on women in the form of Motion M-312. Canadians have fought for decades to give women the right to make their own choices about their bodies. Clearly, this government is determined to undermine women's rights. The Prime Minister has refused to clarify his government's position on this subject, and that has voters in my riding and across Canada worried.

Throughout our study of this bill, our primary concern has been to ensure that it does not encourage individuals to take justice into their own hands or to endanger themselves.

Personally, I agree with many of the witnesses who appeared before the committee to express concern that this bill gives too much freedom to the private security companies that are proliferating in Canada and Quebec. Even though a number of concerns were raised, we decided that this bill contains acceptable changes and that it will prevent people like Mr. Chen from being charged with a crime for defending their own property.

I am ready for questions from my hon. colleagues.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 3:55 p.m.


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NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, a little earlier, as I was listening to the Conservative members' comments, I got the impression that they are somewhat confused about the meaning of standing up for victims and supporting victims.

Unfortunately, we often hear statements to the effect that the NDP is against victims and does not stand up for victims. However, in my opinion, there is a clear difference between more severe sentencing for criminals or revenge for victims and real protection, real support, for victims. For example, victims can be given tools to help them react better or better defend themselves.

Could the hon. member explain, for example, the relationship between the bill to make our streets safer and this bill, which provides real support to victims of theft or other crimes? Could she tell us the difference between the two?

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 4 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I thank the hon. member for those comments.

She raised an excellent point. This government's position on criminal justice creates more victims than it helps. We cannot simply put people in prison without considering what they will do when they get out. Rather than investing in high schools and health, the Conservative Party would rather invest in new cells for prisoners. I find this very troubling.

This is an important point to raise. Rather than putting our young people and adults in prison, we must help them, particularly by addressing problems such as poverty and education.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 4 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we recognize that the bill deals with citizen's arrest, self-defence and so forth, and has received fairly widespread support, whether it is in the House or from the public as a whole.

In part I would like to express what I believe are concerns held by people of Winnipeg North, the area I represent. They want to see more of action to deal with some of the crime issues out there, and ways of dealing with crime.

The member made reference to what I would classify as alternative activities for young people and how government could invest in those types of things and could enhance such things as community policing.

Yes, it is great that we have the bill before us. We know it is receiving widespread support in terms of its ultimate passage through the House today, but would the member acknowledge that we need to do more than just deal with bills such as this and look at other forms of preventing crimes?

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 4 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, this piece of legislation is an important step, but of course we need to take other measures.

It is important to note that the rate of crime is in decline in Canada, so the position of the government in terms of criminal justice is not actually based on facts or science. There are no studies that back the position of the government with regard to criminal justice. It is something that will not work in our communities. It is something that will not prevent criminals from committing more crimes.

My constituents are telling me that we should not be putting young people in jail, because they will come out as hardened criminals. That is something the NDP also noted in the House of Commons during debate.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 4 p.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, my question for my friend, the hon. member for Rivière-des-Mille-Îles, relates to the issue of private security firms.

Contrary to the advice of my friend from Winnipeg North, there are a lot of groups opposing the bill, including Tom Stamatakis, the president of the Canadian Police Association, who is quoted in today's press as saying:

We should take care that any changes made with this legislation do not have unintended consequence of broadening the current mandate of private security.

I noticed that my friend mentioned private security firms yesterday. One of her colleagues said that they do arrest and that this bill would not change things; however, the bill will allow them to leave the store and chase somebody and arrest them that day or later, so I remain concerned that the bill is opening the door to private security firms. I would appreciate my friend's comments.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 4 p.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, that is a reasonable question that has already been dealt with in committee.

We see that this legislation is reasonable. This legislation is aimed at citizens such as David Chen, citizens who are protecting their own personal safety and property.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 4 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, as always, it is a real honour to stand in this House and represent the people of the great region of Timmins—James Bay.

When we talk about crime bills, crime prevention and crime strategies, it is unfortunate that much of the rhetoric in the House of Commons has not been to deal with the substantive issues but sometimes to create black and white caricatures or set up windmills. This is difficult because the issue of crime and law is complex and the solutions are sometimes not as simple. This is why the judges do need discretion in being able to interpret action and being able to interpret circumstances.

However, I find this has been a good instructive debate for Canadians to participate in and to watch, because we are trying to find a balance regarding the protection of ordinary citizens. This is something that communities have done from time immemorial.

For example, I live in the great little community of Cobalt, Ontario, where people look out for each other. I remember late one night I was coming home from a trip with my family and my little kids. I drove up in my beat-up little Toyota Tercel hatchback, which may not be the ugliest car ever built, but it was certainly in the top five. Barrelling in the driveway behind me was a big pickup truck with double wheels on the back. It sounded like a tank. Out jumped Bruce Miller, a big guy from Sherman Mine. He said, “Who goes there?” I almost fell over, and then he said, “Oh, it's you. I knew you were away. I just wanted to make sure when I saw the lights on at your house that nobody was robbing you”.

That is what neighbours do. We need to be able to say that it is okay for neighbours to check in on neighbours, that it is okay to stand up in a public square when something is wrong and say, “There are no police here, but a crime has been committed”.

In saying that, we have to be careful. We have seen in the United States where politicians fan the flames of vigilantism and horrible tragedies result, like the Trayvon Martin shooting in Florida. If we look at it, we wonder how could it be that a self-styled vigilante armed with a gun can patrol a neighbourhood and, when the police tell him to stand back, he believes his life is at threat. Under Florida law he only had to believe that. It is completely subjective. Issues of subjectivity do have a value in dealing with perception of violence or perception of threat, but they are not the only thing. We cannot just say, “I didn't like the looks of him. He seemed like a bad guy, so I shot him”. Yet, that is what is considered okay in the Florida legislature.

We have seen some of the crazy gun laws in many American states that think people should be able to carry a gun, a concealed weapon for self-defence, that they should be able to carry a weapon into a hospital because it is a citizen's right. That kind of over-the-top response creates dangerous situations.

I am looking at Bill C-26 from the sense of how we strike the balance between civic protection and ensuring that we are not putting people at risk. It is not about putting the so-called criminals at risk, but also the people who want to intervene. It is very difficult to intervene in a situation that could escalate. People need to have a sense of the ground rules. When the police are watching, they are certainly telling us to be careful about how we go about this.

There has been good discussion at committee. There has been good cross-party conversation.

On the issues of criminal justice, I had the great honour in the 1980s as a member of the Catholic Worker Movement to work with men coming out of prison and to live with men and women coming out of prison in the streets of Toronto. I saw a steady pattern in terms of recidivism. There were addictions. Addiction was probably the highest single cause of people committing crime. There were basic issues, such as a lack of a stable environment in which to actually get one's life together, and then there was plain stupidity.

I have known many cons through my work. Contrary to what we see in the movies, they are not criminal masterminds. That seems to be an oxymoron. Contrary to what my Conservative colleagues sometimes point out as these evil bandits who have to be locked up, sometimes they just make really stupid choices. I have talked to them about their choices.

I think that when we are looking at criminal policy, we have to remember that by far, the vast majority of people who end up in jail have made really bad choices. Should they be punished? Certainly. As a society do we need to have a plan to pull them back? Even more so.

I remember my friend, Robert, who died recently. In his day, Robert was a huge, massive expense on the health and criminal justice systems because of his horrific level of alcoholism. At the time, we could not get Robert into even a rooming house. There was no public housing. I remember the Conservative government of Mike Harris, and many of his old gang are on that side of the House now, telling us that social housing was a failed principle.

It was not a failed principle. We needed to get a guy like Robert a place to stay. Once we actually got him into secure housing, he sobered up. At that point he was never again a burden on the medical system or on the criminal justice system. I think he was 20-some years sober before he died. We needed to find ways to get men like him out of crisis, and it was possible.

That is where social policy comes in. If members believe that government should not be in the business of ensuring some level of social housing, then people like Robert will fall through the cracks. If people have levels of addiction, they might break into a car and get whatever change they can.

Last year I was moving and my car was broken into, probably because of the Oxy epidemic. Normally my beat-up old Chevy does not have much in it worth taking, but I was in the process of moving. There was a vacuum cleaner that my wife had given me. I did not mind sharing my vacuum cleaner with the criminal underground of Ottawa. I could have accepted that. That was in the car. There were a couple of brooms. They could have had them. But my God, my Bob Dylan collection, original vinyl, was in the back, as were my grandfather's favourite Scottish and Irish records. I have not brought forward a private member's bill about mandatory minimums for people who steal vinyl. I did manage to get some of it back. I went to the record store. I did not get any of my Bob Dylan collection; that was gone, but I got the Clancy Brothers and Kenneth McKellar records back.

I said to the guy, “Listen. These are my grandfather's records. They were stolen out of my car.” I do not think they could have even bought one Oxy pill. I said, “I do not mind paying for them. I just want the records.” The guy said, “We were only selling them for 50¢.” Being Scottish myself, I would have spent $5, maybe even $6 on each of those records.

I am not saying this to make light of the situation. Perhaps if I had been at the house that night and saw the guy stealing my records, I would have run out and stopped him. I would have at least tried to offer him the vacuum cleaner instead.

When I go home at night through the market I have seen some situations that have started to escalate. I am not out with the late, late night crowd because parliamentarians are always in bed at an early hour, so I do not see any of the stuff that happens outside the nightclubs. However, it tends to be my perception that we are dealing with people with addictions, and sometimes people with addictions do desperate things.

The question is, if someone sees something happening on the street, such as a shakedown, an escalation towards violence, what as a citizen does the person do if there are no police there? There is the question of someone intervening, such as a shopkeeper intervening and stopping someone from stealing by saying, “You cannot do this. I am going to hold you until the police come.” That is a reasonable citizen's response. That is a reasonable societal response.

In terms of the larger of issue of what people do when they see relentless situations, particularly when there is drug addiction and people are resorting to crime, we need a larger societal response. That is why I talked about the interventions and about the lack of treatment centres in northern Ontario. We do see levels of addiction, mostly involving Percocet and Oxy. There is no place for people to get treatment. That is an issue.

We cannot just leave it to the citizen to address the crime problem. We cannot just leave it to the jails. We need a larger, more comprehensive view. We have not had a holistic view of crime and crime response in this Parliament.

We will be supporting this bill. It is one little piece of a much larger puzzle. I am more than willing to take questions from any of my hon. colleagues.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 4:10 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, one of the earlier questions I had asked the member's colleague was in regard to how important it is that there be some sort of educational component to this bill with respect to citizen's arrest.

I profiled that there are some areas within our communities that would benefit more by having community policing, police officers visiting some of the stores in communities where there might be more value in terms of making sure people understand what the legislation actually enables a store owner to do in terms of making a citizen's arrest.

I wonder if the member would share some of his thoughts in regard to the value of and the need for an educational component. There is some misinformation out there in regard to what a citizen's arrest is.

Citizen's Arrest and Self-defence ActGovernment Orders

April 25th, 2012 / 4:15 p.m.


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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, that is an excellent suggestion, because the question before us is about ensuring that we have the correct nuance, and nuance is difficult when we are talking about legislation. Legislation is like moving a massive glacier. We might move it two inches, but that two inches could have a huge effect on what is on the other side of the glacier. People do need to understand.

I find that in the north where we deal with the Nishnawbe-Aski Police Service and mostly with the OPP, we have some really good community outreach. However, people need to understand that this is about being able to stop the guy who is ripping off the albums out of someone's car. This is not about saying that the person gets to beat the guy up. This is not about that person getting to exercise justice. He or she has no right to decide appropriate punishment, or to make the guy pay. This is about stopping a crime from happening.

There is a level which people are not able to go beyond and if they do, they cannot go crying to the public if they are arrested by the police for going beyond it. The education component is going to be very important. I am sure the police will play a large role through community policing.