Toronto grocer case may bring new law

Prime Minister Stephen Harper says the government may change the Criminal Code in response to the case of Toronto grocer David Chen, who was recently acquitted on assault and forcible confinement charges for chasing and detaining a shoplifter.

Chen's case has "raised concerns across the country," Harper said during question period at the House of Commons in Ottawa.

"Now that the case has been ruled on and common sense has prevailed, this government, myself, the minister of justice have instructed the Department of Justice to look at possible changes to the Criminal Code to prevent incidents like Mr. Chen's from[happening]," Harper said.

Harper didn't specify what kind of action the government would take.

His comments came hours after a private member's bill tabled by NDP MP Olivia Chow inspired by the Chen case wasn't allowed to proceed.

Her bill would have allowed small business owners to arrest and detain wrongdoers within a "reasonable" period ofan illegal act being committed.

According to current laws, a property owner can only make a citizen's arrest if the alleged wrongdoer is caught in the act.

'A bit aggressive'

Chow sought unanimous consent in the House to expedite the passage of her bill to move it past second reading, the committee stage,and thethird reading. But the Conservatives wouldn't assent.

"It was a bit aggressive," Chowsaid when asked about her efforts.

When asked by a reporter whether she felt her bill had been co-opted by the Conservatives, Chow said: "If the idea is right, it doesn't matter which party takes control of the bill, and as long as, at the end of the day hardworking store-owners have the right to protect themselves and their stores.

"And I hope the whole bill the Criminal Code changes can be done before Christmas, so they have really good news for David Chen."

Chen and his two co-accused were acquitted Friday on charges of assault and forcible confinement.

The charges stemmed from a May 23, 2009, incident in which Chen, owner of the Lucky Moose Food Mart on Dundas Street West in downtown Toronto, and two others apprehended a man who had been stealing plants from the store. At that time, Chen, 36, and the two employees tied up the man and locked him in the back of a delivery van.

Anthony Bennett, who was detained by Chen, pleaded guilty in August 2009 to stealing from the store and was sentenced to 30 days in jail.