''R v Asante-Mensah'',

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2 S.C.R. 3, 2003 SCC 38, is a leading Supreme Court of Canada 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 Canada.

Background

Daniel Asante-Mensah was a "scooper," a type of Toronto taxi driver that picks up fares from the

Pearson International Airport Lester B. Pearson International Airport , commonly known as Toronto Pearson International Airport, is an international airport located in Mississauga, Ontario, Canada. It is the main airport serving Toronto, its Greater Toronto Area, metropolit ...

without the proper permit authorized under the Ontario '' Trespass to Property Act''. He collected passengers from the airport and, on numerous occasions, received notice under section 3 of the Act that he was prohibited from entering onto airport property on penalty of trespass. To control the problem of "scoopers," the airport authorities instructed the airport inspectors to undertake

citizen's arrest A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which ...

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 responded by shoving the car door into the inspector, which gave him room to get into his car and he drove off. 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 section 7 and

section 9 is a fictional gendarmerie-style information security and intelligence department from Masamune Shirow's ''Ghost in the Shell'' manga and anime series. In the franchise, its jurisdiction exists under the Ministry of Internal Affairs. In som ...

of the Charter but it was rejected and was not appealed on.

Opinion of the Court

The Supreme Court, in a unanimous decision, held that the inspector had properly arrested Asante-Mensah. In reference to '' R. v. Whitfield'', the Court held that a citizen's arrest at common law allows for a use of "reasonable force". This includes reasonable force necessary to undertake the arrest and maintain it.

External links

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Review of the decision
{{DEFAULTSORT:Asante-Mensah Supreme Court of Canada cases 2003 in Canadian case law Canadian criminal case law Law enforcement in Canada Toronto Pearson International Airport Taxis of Canada