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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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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
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177:, 2 S.C.R. 3, 2003 SCC 38, is a leading
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312:Toronto Pearson International Airport
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274:SCC Case Information - Docket 28867
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16:Supreme Court of Canada decision
81:Judgment for the Crown in the
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192:Pearson International Airport
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302:Canadian criminal case law
43:Hearing: November 7, 2002
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248:Supreme Court of Canada
179:Supreme Court of Canada
45:Judgment: July 11, 2003
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261:Review of the decision
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227:Opinion of the Court
163:Unanimous reasons by
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174:R v Asante-Mensah
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93:Appeal dismissed.
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