Best Buy Canada Illegal Arrest Fri, 10 Dec. 2010, approx. 10:35AM

"Loss Prevention" violates a number of laws in Ontario as they stopped someone from leaving and telling them they have to show receipt.

Subject asked if he was under arrest and got no answer from staff.




Subject asked staff if he was accused of stealing, and the only reply was that their policy was to check the receipt.

There was NO agreement to be subject to search and seizure of the subject (like a shopping club membership) and the staff are not licensed under the Ontario Private Security and Investigative Services Act to conduct such activity.

An arrest as authorized by the Canadian Criminal Code, must be declared at time of stopping the person and the reason why it is being done. Stopping someone from lawful activity (ex. trying to leave property without having committed a crime) constitutes an illegal arrest.

Buy has no legal authority to make you show your receipt and even making someone feel psychologically arrested is proven under case law to constitute a false/illegal arrest.

The legal department in Burnaby was asked what their policy is on the issue and no answers have been given.

Video recorded under authority of Section 183 of the Canadian Criminal Code.

Category:

Education

Tags:

• best buy
• illegal
• arrest
• search
• seizure
• psisa violation

[mrmodified89]

Did any merchandise sound of the alarme when exiting the store. If so it was the associates right to ask to see.

[candidcrackberry]

@mrmodified89 Nope, the guy walked in my path and blocked my access to the exit. Also nor is there any right to do so unless there he saw selection, concealment, avoid payment and all with a consistent line of sight (as per Canadian Common and Case Law).

[tonymtlwpg]

There's a few things you should think about before you post a video of yourself being "arrested".

1. You weren't arrested.

2. This is best buy's policy because people steal like crazy

3. If you didn't do anything wrong then why are you all bent outta shape about someone simply checking your receipt? Why give that guy a hard time for doing his job? He doesn't come to your job and knock the burger outta your hand?

4. Clearly it isn't against the law because Best Buy Still does it 8 years later.

[candidcrackberry]

@tonymtlwpg Using an insult to make a point is rather counter productive but I am compelled to point out that my job doesn't involve any burgers, but rather legal research including use of databases such as Lexis Nexus. Case law has proven that a physical barrier (aka a person) blocking someone from leaving or the psychological belief one was arrested does amount to such. Their policy does not trump law and it's only a matter of time they are caught on it in court.

[Goncalves15]

to be "loss prevention" you do not need a license, to be a security guard you need a license. two different things. also no laws are being broken by asking for proof of purchase. they are legally allowed to retain all product that has no proof of purchase.

[candidcrackberry]

@Goncalves15 You might want to re-read the law about loss prevention duties and the requirement to have a license (aka performing services to prevent the loss of property through theft or sabotage in an industrial, commercial, residential or retail environment) under the PSISA. Read the Act @ the Ministry of Community Safety and Correctional Services site

Feel free to try again, this time with something that makes some sense as everything you've said so far completely failed in that regard.

[hack451]

@tonymtlwpg Points one and two a true, but not relevant. Points three and four are horrible logic falicies! Just because someone's been doing something for a while and hasn't been caught or prosecuted doesn't make that thing legal! As for three: Do you really think that there is no other reason but being a thief for not wanting to comply with a clearly ILLEGAL and insulting practice?

I bet you also think only criminals should fear a police state.

[urboisandman]

prevent loss on a product that is bought. Its your property now and you can do whatever you want with it once you get the receipt from that cash register! Really bad stop i would have asked for the GM of that store.

[urboisandman]

I used to work at a best buy as Asset Protection. They should have never stopped you because they dont have any suspicion to stop you. Obviously you didn't set off the alarms when trying to leave, you were profiled and stopped you for no reason. I would keep this video if i were you. Personally i wouldnt have stopped you because you paid for it at the cash register and they look inside it if its opened and they bag it. Once you pay for it, it becomes your property and its out of my hands i cant,

[urboisandman]

I used to work at a best buy as Asset Protection. They should have never stopped you because they dont have any suspicion to stop you. Obviously you didn't set off the alarms when trying to leave, you were profiled and stopped you for no reason. I would keep this video if i were you. Personally i wouldnt have stopped you because you paid for it at the cash register and they look inside it if its opened and they bag it. Once you pay for it, it becomes your property and its out of my hands i cant,

[Neoengel]

Damn. I checked up on that Ontario security guard law and case law examples with criminal code & charter rights issues.  I think you've got enough recorded to make a few bucks in court ;)