Parking lot owner within his rights to use Denver boot, defence lawyer tells court
The owner of a parking enforcement company was within his rights when he used a Denver boot to immobilize a vehicle, his lawyer argued Tuesday in Edmonton provincial court.
Derrick Cantwell, who owns RFM Parking, was charged with mischief and extortion in June 2017.
His defence lawyer, Peter Royal, argued Tuesday that Cantwell had entered in an agreement with the owner of a private parking lot to boot unauthorized vehicles.
The Denver boot is a device that clamps to a wheel to prevent a vehicle from being moved.
"I didn't do anything but what I thought was lawful," Cantwell told the court.
Crown prosecutor James Mahon argued that Cantwell's business is not in line with the law.
Mahon told court that only peace officers are allowed to interfere with a person's vehicle on private property, under the Alberta Traffic Safety Act.
Judge Kirk MacDonald reserved his decision until Jan. 16.
On Monday, court heard that police were called to a parking lot at 3315 James Mowatt Trail SW around 1:30 p.m. on June 1, 2017.
The call had been placed by a construction worker who had discovered that a Denver boot had been placed on his vehicle.
The worker testified that he had seen signs indicating that the parking lot was for visitors only when he arrived around 9 a.m., but that there was no signage related to the potential use of a Denver boot.
He told the court that signs had been put in place by RFM Parking employees during his absence.
Cantwell disagreed, saying that the company followed protocol and posted the signs before booting the vehicle.
"The signs are posted," Cantwell said. "They tell you if you do this, there will be consequences."
"It's private property," he added. "A property owner has rights."
Court also heard that police officers who responded to the call placed Cantwell under arrest after seeking legal advice from a lawyer with the Edmonton Police Service.
Cantwell has been charged with mischief by Edmonton police in three separate occasions over the use of the Denver boot, according to court records. Those charges were all withdrawn or stayed by the Crown.
Cantwell filed a complaint with the Law Enforcement Review Board, arguing that police should not have arrested and charged him in November 2015.
The board reserved its decision after hearing his case in July.
