- There is no space that is not regulated. Even places that seem to be
unregulated are informally regulated.
o I.e. Organized crimes such as drug trade and sex economy
o They may not be regulated by formal laws but they have their own
sets of laws.
Definitions of policing, community, defined order on exam
- Policing has become “lateralized” and flattened into nodal or network
- Trespass property act – unique legislation because it gives occupiers or
surveillance more or less arrest powers to statues.
o But really what is the more societal power of TPA? Who else gets
power? Who is most used by?
Private security guards in mass private property
i.e. Eaton center, construction site – it will say these places are
- Paid duty – It is required for a police to be present at construction site for
safety standards. But it is controversial because police are trained by public
funding. There is nothing wrong with police being there, but it is expensive.
It is really a matter of efficiency and how public spends money. It is also
controversial because there is mashing of public and private interests. For
example, someone who has a concert and hires police at relatively cheap rate,
isn’t it a way where the public training/authority is being used for
commercial interests? On the other hand it is reasonable to have trained
security to control a large number of people. Private companies have to rely
on paid police. Off-duty officers can be used for traffic control, film shoots,
funeral control, etc. Paid duty officers will not do these functions. You cannot
hire them to help you out when you are doing business or something.
- Say there is a protest between 2 opposing groups. They probably won’t stop
unless there is policing. So there are these uncertainties.
Four case examples:
The “Lucky Moose Case”
- The LM is a food mart located in Downtown Toronto owned by David Chen. 3
years ago, a man named Anthony Bennett was caught on video of shoplifting
there. Chen and his colleagues chased Bennett down the alley, caught him,
put them in the back of the van, tied him with a rope, and assaulted him, then
called the police. Police arrived and charged Bennett as well as Chen for
kidnapping, assault, and having concealed weapon. Citizens under the
criminal code under TPA – they have arrest if they witnesses an offence that
is being carried on in the presence, he may affect in an arrest and they can
use the force necessary only to affect that arrest. Criminal code states that there is no investigation power and the force has to be reasonable in
apprehending a person. The law is clear – citizens have a customary and
statutory power for fowling committee – for citizens to protect themselves
but not turn into police officers. If you are under physical assault, you have
the common right to use force to protect themselves or other person. Only
that much is accepted. You cannot do anything extra.
- Vigilantism – is it appropriate for citizens to hunt people down?
- This became a political issue. PM Harper met Chen. Harper promised that he
would change the law. Btw the jury found Chen not guilty. In May 2012 – Bill
C-60 was introduced which revised that arrest section. It was a self-defense
act – t