Author Topic: You can't arrest aboriginals anymore  (Read 72 times)

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Offline Gorgeous Graham

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You can't arrest aboriginals anymore
« on: April 16, 2021, 02:31:54 am »
This is a crazy story:  https://www.cbc.ca/news/canada/saskatoon/freshco-first-nations-security-guard-1.5989254

https://www.youtube.com/watch?v=VuwDgqtNlHo

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A statement on FreshCo's Facebook page detailed the dismissal of the security company.

"At FreshCo, the safety and well-being of our customers and teammates is our top priority. We have decided to end our relationship with our third party security vendor as the behaviour shown on April 14th outside our store is not tolerated or a representation of our values," the statement said.

"We continue to cooperate with officials as this incident is currently under investigation. We are also working closely with our teammates and supporting them as they work through this investigation."

Another statement from the store's owner, Chris Fowler, indicated the incident itself was disturbing to him as a Indigenous store owner and a member of the community.

"I wanted to address the situation yesterday. First of all I'm beyond shocked and horrified. As Métis owner and a father of two daughters this should of not happened ever," he said in the post.
...
[Chief] Cameron [Chief Bobby Cameron of the Federation of Sovereign Indigenous Nations],said he was disturbed watching the video because he feels the woman was being assaulted and was in distress. Cameron said if he had been there, he would have kicked the man "right in the face."  "He had no right to do that to her," he said.
...
They say it should be the security guard who is charged, and the FSIN says it will assist the woman if she plans to pursue civil action.

"We're going to do everything we can to advocate for her," he said.

After speaking with her Thursday, Cameron said the woman is traumatized and in pain as a result of the incident.

"She is battling PTSD [post-traumatic stress disorder]. She was crying … She's obviously distraught and now she's going to the hospital, or a health centre, to get treatment," he said. "She's in pain. She has stomach pains and obviously her arm and her knees. She's in pain."

If the woman was caught shoplifting a security guard has every right to make a citizen's arrest and hold her until the police arrive.  The guard did not use excessive force in making the arrest from the video, I never saw him hit her even once.

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In addition to making an arrest for trespassing under the Trespass to Property Act, security guards can also make a “citizen’s arrest” under certain circumstances such as:

    -If they see you committing an indictable offence (includes all but the most
    minor criminal offences);
    -If they see you commit a criminal offence on or against the property (e.g. shoplifting, destruction to property or graffiti, causing a disturbance on the property);or
    -If they see you being chased by someone whom they believe has the authority to arrest you.

Security guards can use reasonable force to arrest you and to hold you until the police arrive. Once a security guard has arrested you, they cannot change their mind and “unarrest” you. When possible, they must give you notice by informing you of the reason for the arrest. They must turn you over to the police as soon as possible. An arrest by a security guard could include any of the following:

    -they inform you that you’re under arrest
    -they touch you in a way that exerts some force (does not have to be excessive)
    -they create a situation where you are unable to leave

If you leave after being arrested, you could be charged with resisting arrest.
https://jfcy.org/en/rights/security-guards/

Do authorities sometimes abuse their power against aboriginals?  Yes, and it's unacceptable.  But you can't make an entire group of people an exception to basic rule of law and fire people when they do their job because some others abuse their authority and it doesn't look political correct.  The guard should have just taken her license plate down, he was trying to help the store and put himself in harm's way to do so.  They've already charged the woman with assault and shoplifting.  Just bad journalism by the CBC.  They take the time to interview a chief from a provincial indigenous association but don't bother to look up if the guy actually was under his legal rights to do what he did?
I can tell how good of a person you are by how you treat the people you disagree with.

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Offline Mr. Perfect

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Re: You can't arrest aboriginals anymore
« Reply #1 on: April 19, 2021, 11:26:29 am »
Excessive force isn’t just hitting someone.   He put her in handcuffs.  Why does a mall security guard have handcuffs? 

Mall cops shouldn’t be “arresting” anyone.

Offline Gorgeous Graham

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Re: You can't arrest aboriginals anymore
« Reply #2 on: April 19, 2021, 02:31:31 pm »
Excessive force isn’t just hitting someone.   He put her in handcuffs.
That's not true at all.  Read what quotes I posted on the law.  Excessive force is going beyond what is necessary to make an arrest.

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Why does a mall security guard have handcuffs? 

Mall cops shouldn’t be “arresting” anyone.
Well they have the authority to make a citizen's arrest if they see a crime occur, just as you and I do.

If I were a mall security guard I certainly wouldn't risk live or limb to arrest someone who shoplifts.  I'd just get their license plate or picture.  If they were on foot you may have to follow them or something, could arrest them I guess, but I wouldn't.  Only time I might arrest someone as a security guard is if someone were an active threat like committing violence and they needed to be cuffed.
I can tell how good of a person you are by how you treat the people you disagree with.

Offline Black Dog

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Re: You can't arrest aboriginals anymore
« Reply #3 on: April 20, 2021, 11:26:20 am »
That's not true at all.  Read what quotes I posted on the law. Excessive force is going beyond what is necessary to make an arrest.
Well they have the authority to make a citizen's arrest if they see a crime occur, just as you and I do.

If I were a mall security guard I certainly wouldn't risk live or limb to arrest someone who shoplifts.  I'd just get their license plate or picture.  If they were on foot you may have to follow them or something, could arrest them I guess, but I wouldn't.  Only time I might arrest someone as a security guard is if someone were an active threat like committing violence and they needed to be cuffed.

You put these thoughts in the same post and didn't register how completely antithetical they are at all, huh?
« Last Edit: April 20, 2021, 11:28:17 am by Black Dog »