Regulations Are in Place at Toronto's Pearson Airport to Control

Multiple Choice

Regulations are in place at Toronto's Pearson Airport to control the operation of taxi cabs. Daniel simply ignored those regulations. He was a persistent "scooper" who routinely picked up passengers at the airport even though he did not have a permit. He was charged more than twenty times with trespassing, but he simply shrugged off the fines. The airport authorities therefore decided to take more drastic measures. During one of Daniel's frequent visits, an airport inspector attempted to make a citizen's arrest. A scuffle occurred after the inspector put his hand on Daniel's shoulder and tried to detain him. Daniel knocked the inspector down and fled the scene. The airport inspector had acted under s 9(1) of the Trespass to Property Act, which says that a "police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises" improperly. That provision does not expressly allow a citizen to use force during an arrest. In these circumstances, a court will say that

A) since the legislation did not expressly allow for the use of force, Daniel was entitled to forcefully resist the attempted arrest.
B) because of the existence of the statute, the common law rules of tort are irrelevant.
C) the case is governed by R v Asante- Mensah.
D) the airport inspector committed the tort of battery.
E) the airport inspector briefly committed the tort of false imprisonment.