Client charged with assaulting a security guard at West Edmonton Mall. Client was attempting to leave the Mall via Bourbon Street late at night after he had been kicked out of a club. The mall security officer tried to stop the client, and when the client refused to stop, the security guard grabbed the accused and pushed him. The client pushed the security guard back, causing her to fall to the ground.
Held: Not Guilty.
The security guard was not a police officer, and she had no grounds to arrest the accused. Accordingly, the security guard was not authorized in law (section 25 of the Criminal Code) to grab and push the accused, and the accused was justified in using reasonable force in response.