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Are We Going to Pay Shoplifters? One Man's Opinion

By Ben Meisner

Friday, April 20, 2007 03:47 AM

 When we give a shop lifter $12,000 dollars for injuries he suffers while being arrested for shop lifting, we have hit a new low.
 
Daniel Baines admitted in court that he was trying to steal more than $100 dollars worth of razor blades from the Superstore in Delta in August 2005.
He was grabbed by the arm while leaving the store and as he was trying to get away a struggle took place.
All three men stumbled down a set of stairs, and Baines got punched and kicked during the arrest.
He sued saying he lost a tooth and can no longer chew properly or speak properly.  Baines sued the store saying the force was not justified.
Now the store argued that the manager of the store and a security guard were just trying to get back what was there’s. Baines didn’t want to give up that merchandise. They argued that Baines shouldn’t have put up a struggle, but the judge in the matter found differently. He assessed Baines 20% at fault and the store employees 80% at fault and then awarded the damages.
The judge in question should be made to stand at the door of most large department stores and try and gently get the merchandise that is being stolen every single hour. I wonder what he will do when he is threatened with a knife, syringe, or whatever?
If he thinks that crooks simply fall to the ground and put both their feet and arms in the air when you say "stop thief", he is completely out of touch with reality.
What would the judge in question prefer? That when you see someone stealing from you , simply ask them if they would like to return your stuff and if they refuse, then give then a high five and send them on their way?
This award can not be blamed on the federal laws in place, it is simply a case of a judge who is completely out of touch with reality.
I'm  Meisner and that’s one man's opinion .
    
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Comments

"He sued saying he lost a tooth and can no longer chew properly or speak properly."

Total baloney! Canadian dentistry is entirely capable of replacing his missing tooth, restoring both his speech and capacity to chew properly.

His injury was basically self-inflicted - one does not have to study law and be a judge to grasp that obvious reality!

What would the judge have awarded the two security guards if they had suffered injuries?

My guess is: Zero dollars.
Such a good little boy. Here's your prize for stealing. Uh ok have I gone totally crazy now? At least he wasn't shot and killed.
SAD PART OF THIS STORY... THE SCUMBAG LOST ONLY ONE TOOTH. HE SHOULD HAVE LOST ALL OF THEM AND A FINGER TO BOOT. SAME FOR THE BLEEDING HEART JUDGE. TIME TO DECLARE WAR ON THE JUDICIAL SYSTEM. LETS HAVE ELECTED JUDGES THAT ANSWER TO THE PEOPLE, WHOS TIME AND MONEY THEY ARE WAISTING.
I have always thought that judges are not on the up and up. It's time to get some real honest people doing the judging. The message is clear " you have been a good criminal therefore we shall reward you" What a farce!
Wow! The stupidity of this judge is overwhelming...sounds more like a decision they would reach in the U.S.where they sue you for admiring your neighbours new car!
And our government wonders why we have zero faith in our judges and courts?
But what is REALLY scary is that this so called learned judge/lawyer/lawmaker, is that he is allowed to get away with this kind of stupidity and still remain on the bench.
Just to let you all Know... Daniel Baines... Now lives in Prince George...And is still missing his teeth...
Hey folks !! Each case is judged on it's own merits. Maybe this guy was one step to getting his life together. $12,000 bucks !! Is that taxable? After all, it is income.
AHHH yes, more useless people in power.
Well I guess it was either this job for him, or become a politician.....sigh
lol @ Don. He should just be happy he lost his teeth and not his life. I don't mind that he lives here in P.G. as long as he learned his lesson.
We need a law that says, if you are injured while carrying out or committing a crime, you cannot be compensated for your injuries. Your ICBC insurance is VOID if you are in an accident while under the influence of alcohol!

It would be interesting to review the Judges reasoning behind his decision. It likely has something to do with a Human Rights Issue, which are way over rated and out of line.
"It would be interesting to review the Judges reasoning behind his decision."

Finally, someone who has said something reasonable in all this diatribe.

Each case is judged on its merit. Excessive force has been recognized under the law for some time. It only stands to reason that there will be occasions when it comes to that. This is one of those cases, according to the judge who, after all, is in the position to judge. Nobody on here is in such a postion.

I wonder how many here would change their attitude on this if they would have been in court to hear this, saw the written decision on this, or were able to talk to the judge about it accross a table in and interview.
It says in the top article. "Baines got punched and kicked during the arrest."

All of you may wish to look for a hint right there. What do you think would happen to an RCMP officer if he/she got CAUGHT doing that?

I think it might be worth your while to read this from a person who is in the security business and trains store security people.

You might get another view of excessive force, attitude, etc. when it comes to private security in shoplifting situations. You may not agree with it, but it is another view.

When you finished reading it, think about the things we do not know about that may have happened in the Baines case, that the judge will for sure know about, before you go judging the judge's ruling.

http://www.crimedoctor.com/shoplifting4.htm
"before you go judging the judge's ruling"

on hearsay information I should have added.
There used to be an old saying around that if someone breaks into your home or business, and you blow them out of their shoes with a 12 gauge,you had better make sure they are dead.
Otherwise,they will come back and sue your ass off!
Now,I don't advocate shooting people by any means,but I guess it would depend on the circumstances.
Interestingly enough,years ago when I worked at a fish camp out on the north coast in the middle of nowhere,I had a cop give me the bit of advice.
Obviously he knw what he was talking about!
On final thing.

The RCMP has provided a one week introduction to the Regina school for high school students for the last 4 or so years. It is held during the easter break at College Heights. They typically need volunteers to assita with some of the scenarios students are put through which can include such things as drunks on the street, shoplifters, etc.

I took part as a volunteer two years ago for one evening. I think for those vigilante types on here who like to kick people's teeth out during what is essentially a citizen's arrest, it might help to show you another side of the equation if you were to volunteer your time to help out. It is a learning experience for all concerned - students, volunteers, and even RCMP.
"Obviously he knw what he was talking about!"

Sounds to me that he might be the culprit who passed that "wisdom" on to those involved in Houston and Vanderhoof.

Thanks for the excellent opportunity to post that.

That is just the type of police force and vigilantes we need.

I really do not understand why Ben feed the fish in the pond with this sort of article. The response on here is as expected.

What I would like to know, is this representational of the PG population? That is the scary part for me.
Ben feeds the fish in the pond cuz he's darn good at knowing how to run a successful web business and we like to bite so the circle of internet life goes on. Until tomorrow all......take care and stay out of trouble :)
Is it representative of the general PG population? No, I do not believe it is. It is representative of those who have no power over their lives and vent their anger in a fashion that causes no real harm. Other than to irritate those of us who are more responsible and totally in control of our lives, that is (that's a joke, guys).
tomorrow???? the best part of the day is still about to happen .... Celtic music at Books and Co. with a nice latte and good conversation with friends .... :-)
"vent their anger in a fashion that causes no real harm"

true enough ....

so you are a believer then in the notion that it is okay for someone to look at staged pedophile material in the privacy of one's own home and even share opinions about such on internet bulletin boards since it is not likely that such an indivdual would actually do that .....

I say that just to see where the limit between thinking something and acting on something lies ..... so I need to pick on an extreme in order to add some significant meaning to the conversation.
Wow!... owl must have got up on the wrong side of the bed today.I think ammonra puts it all in a much better light!
It's called "venting" and like laughter,it's good for the soul!
Good idea owl. You really are a wise little owl arent you ;) That's a good place to be. Put your feet up while you are there and enjoy the moment.....i'll be at home with my 3 little darlings listening to crazy frog.............again. One day i'll take myself up on my offer and get out for some Heidi time....lol.
crazy frog????? ... I must be getting old ....!!!! :-)
Andyfreeze ....

I agree venting is good ... and laughter is good ....

I still find it interesting to every now and then revisit how the nature of both venting and humour actually relate to the person and the times we live in.

So, we can laugh at (as is the famous Stephen Leacock writing) someone slipping on a banana and falling on his ass as long as we know that it is staged.

Some will be laughing if it happens in reality as well, depending on how it happens. Others will react quickly and take it as serious and will go to help and may be swearing at whoever may have left the peel on the walkway.

So, over time, society changes and what was considered humour which often is humour at the expense of blondes, newfies, men, women, the elderly, foreigners, drunks, disabled people, etc. etc. changes.

I think the same is true with the nature of venting. We can vent at judges, politicians quite normally because they are public servants and the nature of their jobs “draws fire”. I think it is less appropriate to vent at individuals who find themselves in situations they may not wish to find themselves in but, nevertheless, do due to circumstances.

Just my thoughts.
from the link below.

"To me it has always seemed that the very essence of good humour is that it must be without harm and without malice. I admit that there is in all of us a certain vein of the old original demoniacal humour or joy in the misfortune of another which sticks to us like our original sin. It ought not to be funny to see a man, especially a fat and pompous man, slip suddenly on a banana skin. But it is.
When a skater on a pond who is describing graceful circles, and showing off before the crowd, breaks through the ice and gets a ducking, everybody shouts with joy. To the original savage, the cream of the joke in such cases was found if the man who slipped broke his neck, or the man who went through the ice never came up again. I can imagine a group of prehistoric men standing round the ice-hole where he had disappeared and laughing till their sides split. If there had been such a thing as a prehistoric newspaper, the affair would have headed up: "_Amusing Incident. Unknown Gentleman Breaks Through Ice and Is Drowned._""

http://www.online-literature.com/stephen-leacock/further-foolishness/17
I knew if I came back and refreshed my screen i'd see another post by owl....lol...just teasing.(I've had my share of posts today too). I like to see people vent. I find it healthier than keeping things locked up way deep inside until one day you snap. Plus venting gives you the ability to laugh later believe me. Owl you can download crazy frog. I use limewire. If you want to feel young again you can't just listen to crazy frog though .....get up and dance when nobody's looking or show them and let them laugh like my kids do at me. Try it tonight during celtic hour at book store. lol
Fun and games for owl, for sure: Wait until a dozen or so comments have been made in response to Ben's 'rant' and then it finally becomes worthwhile to start up the meat grinder!

;)-
"I find it healthier than keeping things locked up way deep inside until one day you snap"

very much agree ... we just saw how true that can be in the extreme at Virgina Tech.
Responding seriously to Owl as a victim of a sexual abuse as a child, No, I do not believe watching pedophilic pornography is harmless venting. It is a form of wish fulfillment, and involves young children, whether the sex is simulated or not. It is a crime and should remain a crime. I do think, however, that the penalties are much too light, especially for rapist fathers and the wives and mothers who facilitate their filth.