Two Chinese-language Toronto newspapers, Ming Pao and Sing Tao, reported this story on the front page today.

A store owner tried to catch a thief by himself. After the alleged perpetrator was caught, the store owner and two employees, gave the subject a beating, tied him up and locked him in a car. They probably thought it would teach the thief a lesson.

Ironically, when the police arrived, they arrested the “thief catchers” and laid charges against them, including assault, kidnapping, forciful confinement, and carrying a concealed weapon. Because the charges were serious, the accused were not released.

It’s unclear what has happened to the alleged thief/victim since the incident.

While it’s true that the Criminal Code lists circumstances in which a citizen may make an arrest without a warrant, the right to do so is strictly confined. If the arrest cannot be fully justified, the person making the arrest may face criminal prosecution and civil liabilities, just as the store owner mentioned in the news piece is doing.

Needless to say, a lay person attempting to make a citizen’s arrest also face considerable danger, as the perpetrator may be carrying weapons and/or intending to cause bodily harm.

What the store owner should have done is to consult a lawyer before deciding to chase a suspect. A lawyer (hopefully) would have explained the potential liabilities involved in apprehending a thief on his own. A lawyer also might have advised him of other less-risky alternatives, including laying private information before a justice of the peace or turning evidence over to the police. A store owner concerned about the threat of theft could also implement a loss-prevention policy and enhance the store’s security measures.

I understand that hindsight is always 20/20. However, if you are considering taking up “self-help” measures, you should consult a lawyer fist. When in doubt, call a lawyer.