“I was working in the store when I get the hunch to go out, when im by the door I smelled fresh paint, and after looking I spot a big 25″x3′ graffiti tag on my door panel. I rushed it quickly to check my cctv to see if he was still in the area and in effect he was. Took a picture of him with my phone and made it to the patio to look for him when to my surprise he trespassed in the property and was right in front of me.
After telling him off he denied what he did so I proceeded to make a citizens arrest and brought him down on the ground. On the floor he keeps denying it and starts acting weird and moving his arms which made me fear for my safety. He then went to reach for the pockets and for precaution with this liar I quickly defended and snapped his nose. I acted in self defense against a trespasser into my property that also vandalized my wall.
According to the trespass to property act in ontario I can make a citizens arrest for trespassing or damaging private property if caught red handed. You also are allow to preserve your integrity and defend against imminent danger or a threat to your well being.
Also Under Section 40 of the Criminal Code, “everyone who is in possession of a dwelling house is justified in using as much force as necessary, to prevent any person from forcibly breaking into or entering the dwelling house without lawful authority.” As some people watching from the street get concerned i tell him to not move and stay still, as approaching and explaining people what happened and asking them to please call the police, he takes the chance and scapes through the back.
I SUPPORT ART AND LOVE IT! but i condemn any form of vandalism to private and public property, People like him glorify their tags and graffiti’s and literally screw others (specially small businesses) damaging their store-front and image. Not to mention the cost for the city.”