今天在魁省gatineau,去了CT在里面逛了一下,出来的时候没买东西,经过收银员时候,她让我打开包检查,然后随手一挥让我走,很鄙视的样子。这是怎么回事?合法吗?我可以投诉吗?
这个问题有点啰嗦,不是一下能说清。一般情况如果商店在大门入口有明显的标识说他们需要检查包之类的告示,因为商店可以看成是他们的一种私人领地,在你进入前你看到了告示,说明你同意这个合约了,他们然后要看看你的包也还说的过去。
但是严格说来,如果是强制要检查你的包仍然是非法的。但是问题是就算你告到法庭,最后得到的赔偿可能不是很多,如果问题不是很大,需要考虑得失。
下面的两段话可以参考:“
The law relating to bag searches
A customer enters a store under licence and retailers are able to search any bags, containers, parcels, or other items that may potentially be used to shoplift, however, retailers must display a prominent sign at the entrance stating that a condition upon entering the store, is the intention to check bags.
When a bag search is conducted no items are allowed to be touched with the retailer only able to look at the contents inside the bag. Customers do have the right to refuse to have their bag searched, but since a customer enters a store under licence, the retailer also has the right to ask a person to leave, therefore revoking the licence.
It’s important to note that not only can a customer refuse to undergo a bag check but in the event that the store forcibly conducts a search against the person’s wishes, a retailer may potentially find themselves in trouble for assault.
If a store has an absolute belief that a shop stealing offence has been committed, they can legally detain or search a customer but on the other hand if a customer has not stolen anything, the retailer may face an action of false imprisonment.”
另外的是一个律师的看法:
“No, they have no right to stop you or search your belongings, unless this is agreed to contractually such as with the Costco card. They can arrest someone if they have actually seen that person committing theft, but have no authority to detain anyone or stop you otherwise or to hold you while they investigate a matter. They can ask if you would mind showing a receipt or opening a bag but you have every right to say no and keep on walking.
As to legal action over this incident, I do not know there is anything you could do, as practically speaking this would cost more in time and effort and aggravation than you would likely recover. You could try to sue in small claims court for your inconvenience and discomfort at their implication you had not paid, but do not do so on the expectation of recovering any significant award. A judge would view this as relatively minor compared to what the courts deal with daily and it may be a few hundred dollars in compensation, if that. You could sue on principle to get a declaration from the court denouncing this type of conduct. This might be the type of incident
that is better handled by a written complaint sent to the particular store and the national head office of the store, asking for a formal apology or compensation. ”