RCMP officer charged with assault. Accused taken into custody on an impaired driving case. Prior to breath sampling, the accused requested to use the washroom. Police officer said no. When the accused stood up, the officer “grabbed him by the back of the neck, shoved him against the wall and then threw him to the floor.”

Held: Conviction.

Section 25 CC justification not available to the officer. “I find it was not necessary to keep him from using the washroom … It was not justified. Throwing him to the ground was an excessive use of force. There was no need to exercise his authority just to show who was in control.”

P. Moreau – Defence Counsel