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Michael Dino C
When is it considered theft? Quebec Civil Law woes.?
Anybody who knows the Quebec Civil Code well enough to answer this would be helping me out a lot.
Legally speaking, when is it considered theft?
Supposing you enter a store and pocket something, does security have the right to detain you BEFORE you leave the store or even pay for (other) items you have?
example:
I am purchasing 6 items. 1 of those items is open and it's contents doubled (there should have been 1 pencil in it, but I added a second). (Total value of goods doubled: $4.49)
Can the security of the store stop me before I have finished paying for the items and hold me.
Is it wrong for me to refuse to be brought to the "security" desk? Is it wrong for me to call the police for violation of my rights when the "guard" threatens me and instigates violence (he threatened to hit me and then repeatedly told me to hit him)?
Most importantly:
I am still in the store and have not paid for any items YET; have I broken any laws?
Follow-up questions:
If the security "guard" claims to be a police officer, and shows me a (clearly) fake badge and thereafter refuses to give me his name and badge number, is he breaking the law?
If the security "guard" uses force against me, to force me to the "security" desk, even though I have not moved or yelled or threatened him or made any type of gestures except to call the police, are any laws being broken?
If a security "guard" physically hits me (punches me) because I am refusing to move from where I am, are laws being broken?
When police shows up, do they have the right to cuff me and hold me even though I have not moved or threatened anybody?
Do the police have the right to refuse to give me their badge number and/or name?
Thank you very much.
Any help is much appreciated.
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