RCMP officer charged with assault. Incident occurred while the officer was placing an intoxicated person into police cells. The detainee was pushed by the officer and fell backwards. Event caught on video.
Held: Acquitted.
As per Crampton, 2005 ABCA 81, s. 25 CC does not confer extra powers on the police, however, it does serve as a shield from criminal / civil liability. Three elements for the justification to arise: (1) the officer was acting as authorized by law; (2) the officer was acting on reasonable grounds; and (3) the officer does not use unnecessary force. Reasonable doubt existed with respect to all three elements. Modified objective test applied to “unnecessary force” issue, and “allowance must be made for an officer, in the exigency of the moment, misjudging the degree of necessary force.”
K. Teskey – Defence Counsel