Summary conviction appeal. Accused convicted at trial of resisting arrest. The offence for which the accused was originally arrested (causing a disturbance) was dismissed. Defence argued that the dismissal of the substantive charge invalidated the arrest.

Held: Appeal dismissed.

“The Crown correctly argues that Biron [1976] 2 SCR 56 holds that the fact an accused person is not convicted at trial of the offence for which he is arrested does not itself invalidate the arrest. What’s important is that the validity of the arrest be determined in relation to the circumstances apparent to the arresting officer at the time of the arrest.”

T. Falldien – Defence Counsel