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FactsEdit

Asante-Mensah was an unlicensed taxi driver who was on Toronto Airport property without authorization. He was arrested by a security officer employed by the airport, and not a police officer. He drove his car into the security officer in an attempt to escape. He was charged with "assault with intent to resist arrest". The security officer had touched the accused, and told him that he was under arrest. Asante-Mensah was convicted at trial and his appeal to the Court of Appeal was dismissed.

IssueEdit

  1. Did the officer have the authority to use force in making the arrest?

DecisionEdit

Appeal dismissed.

ReasonsEdit

Section 494 of the Code gives the powers of arrest to citizens who are not police officers, and s.494(2)(b) gave the security officer the authority to make the arrest. However, Asante-Mensah had violated a provincial statute (Trespass to Property Act), and not the Code. This statute gives the powers of arrest to security officers, and therefore this arrest was lawful so long as it truly was an "arrest". To decide this they accept the definition established in Whitfield, and determine that this was an arrest. Therefore, Asante-Mensah was under arrest, and assaulted the officer with intent to resist the arrest.

RatioEdit

  • The Code gives all of the regular powers of arrest to normal citizens under s.494.
  • People can be tried for criminal offences when violating provincial statutes as long as the statute is violated in accordance with its statements.
  • Anyone making a lawful arrest has the right to use force under s.25.

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