Officer failed to tell accused he was under arrest and used excessive force

Ontario criminal | Arrest

LEGALITY

Officer failed to tell accused he was under arrest and used excessive force

Application by accused to exclude evidence because his rights under Canadian Charter of Rights and Freedoms were violated. Accused was being tried for three drug offences, two counts of failing to comply with recognizance and charges of assaulting peace officer. Police officer saw vehicle making lane changes without signaling first and he stopped vehicle after he saw passenger, who was accused, not wearing seatbelt properly. When vehicle door was opened officer smelled unburnt marijuana coming from accused and accused resisted as officer tried to arrest him. Accused tried to run away but he was apprehended. Once accused was arrested marijuana was found in his jacket. Application allowed. Evidence was excluded. Accused was illegally detained and his subsequent arrest and warrantless search was unlawful and search violated accused’s rights under s. 8 of Charter. Arrest was unlawful because officer did not have reasonable grounds to arrest him. Officer also failed to tell accused that he was under arrest and he used excessive and unreasonable force to arrest accused, which made arrest unlawful. Accused, therefore, did not resist lawful arrest. Evidence was excluded for officer did not respect accused’s rights when he searched him and search was not performed for reasons of officer safety. To admit such evidence would bring administration of justice into disrepute.
R. v. Thompson (Dec. 11, 2012, Ont. C.J., Zuker J.) 104 W.C.B. (2d) 721.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

Ontario Superior Court upholds award of costs exceeding the damages in a personal injury case

Ontario Superior Court resolves estate dispute between siblings by passing over a sister as trustee

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Most Read Articles

Erika Chamberlain steps down as dean of Western Law

Ont. CA orders new trial in pedestrian collision case due to unfair bad character evidence

Ontario Superior Court of Justice welcomes new judges Colin Stevenson and Gilead Kay

From ignored to a nation-to-nation relationship: Jason Madden’s 20 years advocating for Metis rights