A passerby witnesses a person stealing a bicycle from a locked rack. The passerby confronts the thief, who attempts to flee. Under what condition can the passerby lawfully use force to prevent the thief's escape?

Question: A passerby witnesses a person stealing a bicycle from a locked rack. The passerby confronts the thief, who attempts to flee. Under what condition can the passerby lawfully use force to prevent the thief's escape?

Answer options:

• Only if the crime is a violent felony and the thief poses an immediate danger to others. ✅ Only to prevent the continuation or repetition of the offence, and the force used is no more than is necessary.
• Only if a police officer is present and directs the passerby to intervene.
• Only if the passerby is a licensed security guard acting within their scope of employment.

Correct answer: Only to prevent the continuation or repetition of the offence, and the force used is no more than is necessary.

Explanation: Section 26 of the Criminal Code of Canada states that everyone who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess. Section 494(2) permits a private citizen to arrest without warrant if they find someone committing an indictable offence, and may use as much force as is reasonably necessary to prevent further flight or the commission of an offense, but only when such force is necessary.