The appellant, a taxi driver, repeatedly solicited fares at Pearson International Airport without a permit, contrary to regulations and notices under the Trespass to Property Act.
An airport inspector attempted to arrest the appellant for trespassing under s. 9 of the Act.
The appellant resisted, shoving his car door into the inspector and fleeing.
The trial judge acquitted the appellant of assault with intent to resist arrest, finding the inspector had no authority to use reasonable force.
The Court of Appeal substituted a conviction.
The Supreme Court of Canada dismissed the appeal, holding that the power of arrest under the Trespass to Property Act implicitly includes the authority to use reasonable force to effect and maintain the arrest.
