Canadian Laws

[Redeye]

Here's a couple questions for you regarding Canadian Laws and such...

Under CCC s.494 [1][a] (for non-Canadian's, s.494[1][a] gives private citizens power to arrest for indictable/hybrid offences), would a security officer be able to use Public Intoxication/Drunk In Public as grounds to remove an individual from a private property (for illegal activities)? Also, is under-age consumption of alcohol only a summary conviction? I've heard of warrants for Drunk In Public...had a 'friend' removed for it several times.

Reason I ask this, is quite often I find individuals at an apartment complex that I patrol who are consuming alcohol in the courtyard shared by several buildings. They are 'welcome guests' of a tenant, however, the property owner has requested that we remove all persons committing illegal activities. CPS members usually attend and say they can't remove individuals because they are welcome guests of a tenant. Here's where I get confused:

I am authorized as a representative of the property owner under s.494[1][c] to remove individuals committing illegal activities, regardless of how minor. Yet, the police refuse to remove the individuals, as they do not recognize the authority granted me by s.494[1][c]. What can I do?

It's a rough area, and we're just trying to keep the neighborhood safe(r) for kids.

**If this post doesn't make any sense, I'm rather tired after 70+miles over biking up/down hills over the past couple days.**

[cst.sb]

Here's a couple questions for you regarding Canadian Laws and such...

Under CCC s.494 [1][a] (for non-Canadian's, s.494[1][a] gives private citizens power to arrest for indictable/hybrid offences), would a security officer be able to use Public Intoxication/Drunk In Public as grounds to remove an individual from a private property (for illegal activities)? Also, is under-age consumption of alcohol only a summary conviction? I've heard of warrants for Drunk In Public...had a 'friend' removed for it several times.

Reason I ask this, is quite often I find individuals at an apartment complex that I patrol who are consuming alcohol in the courtyard shared by several buildings. They are 'welcome guests' of a tenant, however, the property owner has requested that we remove all persons committing illegal activities. CPS members usually attend and say they can't remove individuals because they are welcome guests of a tenant. Here's where I get confused:

I am authorized as a representative of the property owner under s.494[1][c] to remove individuals committing illegal activities, regardless of how minor. Yet, the police refuse to remove the individuals, as they do not recognize the authority granted me by s.494[1][c]. What can I do?

It's a rough area, and we're just trying to keep the neighborhood safe(r) for kids.

**If this post doesn't make any sense, I'm rather tired after 70+miles over biking up/down hills over the past couple days.**

"Drunk in Public" is a provincial statute and as a Security Guard you're pretty much done.

But here is a great charge, and I'm shocked CPS isn't all over it. Mischief sec 430(3) ccc - it's a charge for ruining someone's lawful enjoyment of property. So if someone if constantly having a large parties, or won't shut it down after the by-law kicks in and they've been warned then they can be arrested. If it's a guest that's causing the problem, then they get arrested and the tenant/homeowner, who is considered a party to the offence.

Also the police can arrest for Breach of the Peace and hold someone in custody for up to 24hrs without charges for anyone causing, or who the police believe will cause a breach of the peace.

I use that one when I am I on a "keep the peace" call when a woman is grabbing some belongings and trying to leave. I give the guy the option of going for a walk and coming back in a hour, or sitting in the rear of my car until the woman is done getting her stuff.

[PeteBroccolo]

cst. sb beat me to it - you COULD look at Sections 30, 175 or 430 of the Criminal Code, but for the most part you are looking at a Provincial Statute alcohol-control charge, which is NOT criminal and is only a summary offence, as well as probably NOT one that you have authority to enforce.

Probably the most that you can do is identify which tenant these "clients" have been invited there by, and your landlord can take steps to make them "ex-tenants".

Take a look at:

http://www.justice.gc.ca

click on "Laws", then on "Criminal Code"

[Redeye]

I think sec.430 covers just about every non-assault/trespass situation that I've come up against. The other part I forgot to ask is how specific does the working for the section 10 charter caution need to be on wording.

I have a card with the charter caution, but we weren't advised on how to inform a person of what they're being arrested/detained for. Can it be "I am arresting you for mischief" or do it need to be stated fully "I am arresting you for mischief under section 430 [1][C] of the Criminal Code Of Canada"?

I hope I never need this information, but, I'd rather know how to do it right if it came down to it. Especially when the charge I'd be most likely to arrest for is Uttering A Threat (264.1[1][A]), as it's an almost weekly occurence for me.

Thanks for the help

[PeteBroccolo]

I think sec.430 covers just about every non-assault/trespass situation that I've come up against. The other part I forgot to ask is how specific does the working for the section 10 charter caution need to be on wording.

I have a card with the charter caution, but we weren't advised on how to inform a person of what they're being arrested/detained for. Can it be "I am arresting you for mischief" or do it need to be stated fully "I am arresting you for mischief under section 430 [1][C] of the Criminal Code Of Canada"?

I hope I never need this information, but, I'd rather know how to do it right if it came down to it. Especially when the charge I'd be most likely to arrest for is Uttering A Threat (264.1[1][A]), as it's an almost weekly occurence for me.

Thanks for the help

It used to be said that if you caught someone in the act of beating on another person, causing damage, whatever, you just told them you were placing them under arrest without specifying why, since it SHOULD be obvious to them that they were in the wrong.

However, if you tell them you are arresting them for "causing a disturbance", "mishcief causing damage", or "breaching the peace" you SHOULD be ok, but you MAY want to check with CPS to be sure that the Prosecutor is ok with what you say to "clients".

[cst.sb]

Here is an example of what I do on each and every arrest. I've broken my warning into 5 parts and thrown in a few extra "Do you understands". Also every single time someone refuses to contact a lawyer I let them know it's a free call and ask them again/ That question and every anwser made by the bad guy documented verbatim in my note book.

This an example straight out of one of my reports to crown.

*the names and offence have been changed to protect the guilty*

[COLOR=Red]At 02:20 Cst.sb advised bad that he was under arrest for assault.

Cst.sb read bad guy his Charter Rights and Police Warning from his RCMP issued Charter and Warnings Card.

Cst.sb: I am detaining you for an Impaired Driving Investigation.
Do you understand?
bad guy: Yes

Cst.sb: It is my duty to inform you that you have the right to retain and instruct counsel in private without delay. You may call any lawyer that you want.
Do you understand?
bad guy: Yeah.

Cst.sb: There is a 24 hour telephone service available which provides a legal aid duty lawyer who can give you legal advice in private. The advice is given without charge and the lawyer can explain the legal plan to you.

If you wish to contact a legal aid duty lawyer I can provide you with a telephone number.

Cst.sb: Do you understand?
bad guy: Yeah.

Do you want to call a lawyer?
bad guy: No.

Cst.sb : You know it