Knowledge (XXG)

R v Asante-Mensah

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under section 9 of the Act. One of the inspectors attempted to arrest Asante-Mensah by touching his shoulder and informing him that he was under arrest and would be detained until the police arrived. Asante-Mensah attempted to get into his car but was blocked by the inspector. However, Asante-Mensah
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decision where the Court affirmed the limits to which private citizens may undertake an arrest, as well as the limits of private individuals in the use of force to protect property. This case holds particular importance as the prevalence of private security has become increasingly popular across
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At trial, the judge held that there was no arrest as the inspector was not authorized to use "reasonable force." The verdict was overturned on appeal. Asante-Mensah tried to challenge the law under
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The Supreme Court, in a unanimous decision, held that the inspector had properly arrested Asante-Mensah. In reference to
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responded by shoving the car door into the inspector, which gave him room to get into his car and he drove off.
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To control the problem of "scoopers," the airport authorities instructed the airport inspectors to undertake
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Daniel Asante-Mensah was a "scooper," a type of Toronto taxi driver that picks up fares from the
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A citizen may use reasonable force necessary to undertake a citizen's arrest and maintain it.
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without the proper permit authorized under the Ontario
162: 157: 107: 97: 89: 77: 69: 59: 49: 42: 21: 223:but it was rejected and was not appealed on. 54:Daniel Asante-Mensah v. Her Majesty The Queen 8: 177:, 2 S.C.R. 3, 2003 SCC 38, is a leading 266: 18: 312:Toronto Pearson International Airport 7: 274:SCC Case Information - Docket 28867 14: 27: 16:Supreme Court of Canada decision 81:Judgment for the Crown in the 1: 292:Supreme Court of Canada cases 192:Pearson International Airport 83:Court of Appeal for Ontario 333: 302:Canadian criminal case law 43:Hearing: November 7, 2002 307:Law enforcement in Canada 297:2003 in Canadian case law 112: 102: 26: 197:Trespass to Property Act 65:2003 SCC 38, 2 S.C.R. 3 276:Supreme Court of Canada 248:Supreme Court of Canada 179:Supreme Court of Canada 45:Judgment: July 11, 2003 35:Supreme Court of Canada 261:Review of the decision 250:decision available at 227:Opinion of the Court 163:Unanimous reasons by 117:Beverley McLachlin 174:R v Asante-Mensah 170: 169: 136:Michel Bastarache 93:Appeal dismissed. 22:R v Asante-Mensah 324: 277: 271: 205:citizen's arrest 124:Charles Gonthier 121:Puisne Justices: 108:Court membership 31: 19: 332: 331: 327: 326: 325: 323: 322: 321: 317:Taxis of Canada 282: 281: 280: 272: 268: 243: 234:R. v. Whitfield 229: 188: 152:Marie Deschamps 128:Frank Iacobucci 119: 44: 38: 17: 12: 11: 5: 330: 328: 320: 319: 314: 309: 304: 299: 294: 284: 283: 279: 278: 265: 264: 263: 258: 242: 241:External links 239: 228: 225: 187: 184: 168: 167: 164: 160: 159: 155: 154: 114:Chief Justice: 110: 109: 105: 104: 100: 99: 95: 94: 91: 87: 86: 79: 75: 74: 71: 67: 66: 63: 57: 56: 51: 50:Full case name 47: 46: 40: 39: 32: 24: 23: 15: 13: 10: 9: 6: 4: 3: 2: 329: 318: 315: 313: 310: 308: 305: 303: 300: 298: 295: 293: 290: 289: 287: 275: 270: 267: 262: 259: 257: 253: 249: 246:Full text of 245: 244: 240: 238: 236: 235: 226: 224: 222: 218: 214: 209: 206: 201: 199: 198: 193: 185: 183: 180: 176: 175: 165: 161: 158:Reasons given 156: 153: 149: 145: 144:Louise Arbour 141: 137: 133: 132:John C. Major 129: 125: 122: 118: 115: 111: 106: 101: 96: 92: 88: 84: 80: 78:Prior history 76: 72: 68: 64: 62: 58: 55: 52: 48: 41: 37: 36: 30: 25: 20: 269: 232: 230: 210: 202: 195: 189: 173: 172: 171: 120: 113: 53: 33: 148:Louis LeBel 286:Categories 186:Background 140:Ian Binnie 70:Docket No. 217:section 9 213:section 7 166:Binnie J. 61:Citations 182:Canada. 221:Charter 219:of the 98:Holding 256:CanLII 90:Ruling 73:28867 252:LexUM 254:and 215:and 150:, 288:: 146:, 142:, 138:, 134:, 130:, 126:, 85:.

Index

Supreme Court of Canada
Supreme Court of Canada
Citations
Court of Appeal for Ontario
Beverley McLachlin
Charles Gonthier
Frank Iacobucci
John C. Major
Michel Bastarache
Ian Binnie
Louise Arbour
Louis LeBel
Marie Deschamps
Supreme Court of Canada
Pearson International Airport
Trespass to Property Act
citizen's arrest
section 7
section 9
Charter
R. v. Whitfield
Supreme Court of Canada
LexUM
CanLII
Review of the decision
SCC Case Information - Docket 28867
Categories
Supreme Court of Canada cases
2003 in Canadian case law
Canadian criminal case law

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