Mr. Speaker, the more I hear the input of members, the more I understand that this bill seems to try to put into legislation what the courts traditionally have thought of as being factors and other considerations but not factors or considerations hat may cause someone to be charged with an improper arrest.
In the simple case of Mr. Chen, which is a very vanilla case, someone robbed him. He was not able to apprehend that person and hold him for police at the time. However, that person returned to rob him a second time. He was identified, chased on his bicycle, stopped and held for the police. Mr. Chen was charged under the application of the current Criminal Code.
If we had to make a change to the Criminal Code to ensure that Mr. Chen would never be charged again for the same act, what would the change be?