How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ulysses101 Your Own Question

Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2444
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
17441061
Type Your Canada Law Question Here...
Ulysses101 is online now
A new question is answered every 9 seconds

Is there a legal area of personal space If so can you legally

Resolved Question:

Is there a legal area of personal space ? If so can you legally push them out of this space?
Or would that be considered assault?
Submitted: 5 years ago.
Category: Canada Law
Expert:  Ulysses101 replied 5 years ago.

Hello Trab

 

It's hard to answer a hypothetical. Is there a fact situation involved here that you could describe for me?

 

Where do you live?

 

Have there been any criminal charges for assault laid?

 

Does this involve spouses?

Customer: replied 5 years ago.
Yes the situation is this, I am a Transit employee working for SkyTrain in Vancouver B.C.
On AuG 03/09 I had an event that involved a well known panhandler/ transfer/seller who the night before was given a 24 hr suspension from the transit system. I spotted him trying to access the elevator at street level and placed myself between the elevator door and him and refused him service due to the fact that the 24 hr. suspension was still in affect.
He showed me his pass and said it was his right and he was going on and for me to go back to where I came from( I am non white and have had many racial slurs from this individual as well as death threats or threats of violence over the years I just let it go part of to job ect.) he started towards me I felt his foot meet mine as my back was to the door I had no way of knowing weher the door was open or not. I reacted by extending my arms and stopping his forward progress, I did not hurt him physically in anyway. He jumped back says he is charging me and takes off. Yesterday our Transit police informed me that indeed he did lodge a complaint and they are compelled to investigate, they want to get together to get my statement, The event will by captured on CCTV with no audio.
Expert:  Ulysses101 replied 5 years ago.

OK, Trab

 

If this were a criminal matter, then he would have assaulted you because he perpetrated unwanted contact upon you.

 

There is no "personal space" criminal law, but if someone is getting in your face and you feel threatened, then that's a different charge.

 

The racial slurs are irrelevant, I'm afraid. It will gain you sympathy from investigators, and give you a possible defense of provocation should a civil suit be launched, but I really can't see that happening here anyway. Clearly the other fella suffered no damages.

 

If he wants to sue for discrimination or abuse of authority, then it would be against your employer moreso than you personally, since as far as you knew you were carrying out your employers policies and may well have been doing so in fact.

 

Now, the transit police are different from normal police, and since you probably belong to a union I'll refrain from commenting further on your personal liability while carrying out your employment duties. Your union has the sole right and obligation to represent you in those matters, so it doesn't really matter what I think while sitting here at my kitchen table.

 

So, to answer your question, there's no defined "personal space" in law the breach of which creates liability. But instigating an unwanted touching is an assault by strict definition. Having said that, the fact that you were at work at the time complicates things severely. Be co-operative with your employer, and if you have any serious concerns, consult your union steward if you have one.

 

I hope this answers your question, Trab.

Good luck.

Ulysses

 

 

please accept this answer so that I may receive credit for the time and attention I've put into your matter.

 

 

 

Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 2444
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Ulysses101 and 2 other Canada Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Last | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
< Last | Next >
  • http://ww2.justanswer.com/uploads/bulmert/2010-02-12_004737_Me2.jpg Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
  • http://ww2.justanswer.com/uploads/pfilice/2009-2-4_11945_Filice_-_Pat.jpg LawyerProfessor's Avatar

    LawyerProfessor

    Lawyer

    Satisfied Customers:

    828
    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • http://ww2.justanswer.com/uploads/ME/MeMartin/2012-6-22_172853_Martin.64x64.png Jeremie John Martin's Avatar

    Jeremie John Martin

    Lawyer

    Satisfied Customers:

    751
    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • http://ww2.justanswer.com/uploads/BR/brhart/2011-8-23_12246_profpic2.64x64.jpg B.R. Hart's Avatar

    B.R. Hart

    Lawyer

    Satisfied Customers:

    15
    Juris Doctor, Member of the Law Society of Upper Canada
  • http://ww2.justanswer.com/uploads/SO/Sokkalaw/2013-10-4_42239_Sokka2.64x64.jpg Sokkalaw's Avatar

    Sokkalaw

    Lawyer

    Satisfied Customers:

    288
    Lawyer in Ontario, Canada
  • http://ww2.justanswer.com/uploads/CA/captanan/2012-10-26_22415_AdPicture.64x64.png CaptanLaw's Avatar

    CaptanLaw

    Lawyer

    Satisfied Customers:

    163
    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • http://ww2.justanswer.com/uploads/MD/mdjackso1/2013-11-10_05435_shapeimage1copy.64x64.png M D J's Avatar

    M D J

    Lawyer

    Satisfied Customers:

    20
    I have a general legal practice in Alberta, Canada.