VICTORIA -- An off-duty Mountie in Nanaimo is being commended for stopping a theft-in-progress while enjoying some ice cream out with his family. 

Nanaimo RCMP Sgt. Jon Stuart was at the Dairy Queen in the Country Club Centre around 8:30 p.m. Sunday.

In an incident that was caught on the restaurant's surveillance cameras, Stuart observes a man come into the Dairy Queen, open a freezer and slide a box of Dilly Bars into his bag.

When the man moves to leave the store without paying, Stuart can be seen stopping him.

"He told him, 'You're going to pay for those Dilly Bars, correct?,'" said RCMP spokesperson Const. Gary O'Brien. "And the guy turned and beelined it for the door."

Stuart sprang into action, following the man as he tried to leave.

"We're required by law to react because we're a police officer 24-7," O'Brien said. "Whether we decide to go hands-on or not is a completely different story. "

Stuart went hands-on, tackling the man to the ground while his daughter phoned 911.

"We're required to report a crime, to try to stop it," O'Brien said. "Jon took it to the next level."

Once on-duty officers arrived, the man was taken into custody unharmed, according to police.

The Nanaimo RCMP are reminding the public to immediately call 911 if they see a crime in progress.