Shoppers at Oshawa Centre took crime into their own hands during a smash-and-grab robbery by helping detain suspects before security arrived, but experts say stepping in could come with serious risks.
The robbery happened at around 3:45 p.m. on Sunday. Video showed one shopper attempting to subdue an alleged suspect by placing them in a chokehold until security arrived.
Another video, taken from a different vantage point, showed a group of three shoppers pinning a second suspect to the ground until guards arrived to handcuff him.
The group of suspects wanted in connection with the jewelry store robbery were all eventually arrested, but should the mallgoers have stepped in to help?
CTV News Public Safety Analyst Chris Lewis said no police department would encourage civilians to intervene when they are witnessing a crime in progress.
“No police department’s going to say, ‘Yeah, go ahead, try to arrest them,’ because there’s … such danger in that,” the former Ontario Provincial Police commissioner said in an interview with CTV News Channel.
“Some people feel strong enough, and are capable enough to pull it off, and good for them. They’re doing it, certainly legally.”
Making a citizen’s arrest
Canadians do have the right to arrest another citizen—so long as certain parameters are met.
Under section 494(1) in the Criminal Code of Canada, a civilian may arrest another citizen if they find them committing an indictable offence, or if they reasonably believe that citizen has committed a criminal offence and is attempting to evade arrest.
“It must have just happened. It must happen immediately preceding the arrest and, when you make that arrest of that person, you have to immediately hand them over to the police officers,” Const. Nicholas Gluckstein told CTV News Toronto on Monday.
A citizen’s arrest may be ruled as illegal if the police are not notified immediately, which could result in civil or criminal consequences for the individual who made the arrest.
Police advise against it
Gluckstein said that Durham Regional Police “obviously” do not advise citizens to take it upon themselves to make an arrest, pointing to the risk to personal safety.
“Safety and keeping yourself out of harm is paramount to us,” Gluckstein said.
In this particular instance, Gluckstein noted the civilians who stepped in to thwart the robbery in progress did not sustain any physical injuries.
“We’re more fortunate that nobody was harmed because, ultimately, we don’t know what suspects have in their possessions, what weapons they may have with them,” Gluckstein said.
“That’s why we advise public never step in, you know, unless the situation, for whatever reason, may call for it.”
Instead, police urge citizens to gather as much information as possible about the suspected crime, like suspect descriptions and what they were wearing, and dial 911 immediately.
With files from CP24’s Bryann Aguilar
