Mr. Speaker, at no time did David Chen feel that the shoplifter would assault him. When he gave chase, it was because of the plants that the shoplifter had taken. I fail to see how removing a section such as, “not intended to cause death or grievous bodily harm” from the Criminal Code to justify self-defence would help the situation.
Right now a person has to prove that he or she used force in order to defend himself or herself. At no point was that really the question. The question was whether it was within David Chen's right to make a citizen's arrest. Had he done so when the shoplifter was stealing in the store he would not have been charged, but because he chased him outside after the shoplifting had occurred, that was the real problem. That was perceived as the problem. That was what was debated in court.
I sat through the entire summary by David Chen's lawyer. I also sat through the entire judgment when the judge acquitted David Chen, so I am very familiar with the court case.