The accused were charged following an incident at a Shoppers Drug Mart in Toronto.
The accused were falsely accused of attempting to steal condoms by a loss prevention officer.
After being told to leave the premises, they attempted to do so but were physically detained by the loss prevention officer and store employees.
A struggle ensued outside the store.
The court found that the accused were not given a reasonable opportunity to leave as required by the Trespass to Property Act, making the arrest unlawful.
Consequently, the accused had the right to resist the unlawful detention using reasonable force.
The court found the force used was reasonable and not excessive.
All charges were dismissed.
