Police-Encounters-With-People-In-Crisis

28. The Criminal Code limits the acceptable level of force used by police officers
acting under legal authority. 19 Police officers may, acting on reasonable grounds, use
force to prevent the commission of certain offences, 20 to prevent a breach of peace, 21 to
suppress a riot, 22 and “to do anything in the administration or enforcement of the
law.” 23 The force used must be proportionate, or reasonably necessary, in the
circumstances. 24 The Supreme Court of Canada has explained that police actions should
not be judged against a standard of perfection, but in light of the exigent circumstances
of dangerous and demanding work and the obligation to react quickly to emergencies. 25
29. An officer may not use force that can cause grievous bodily harm 26 or death
unless he or she believes on reasonable grounds that it is necessary to preserve life, to
prevent the infliction of grievous bodily harm on anyone, or to prevent escape of a
person to be arrested if the officer believes that the person poses a risk to the life or
safety of anyone and cannot be subdued in a less violent manner. 27
30. Specifically, the reasonableness of the grounds for an officer’s use of force should
be judged both objectively (from the perspective of an average police officer) and
subjectively (from the perspective of the particular officer who used force). The level of
force must be “reasonable in light of circumstances faced by the police officer.” 28
31. Police officers may also be held civilly liable for injuring or killing members of the
public in the course of their duties. Under the law of negligence, for example, police
officers owe a duty of care to members of the public when carrying out their duties.
Police must act reasonably and within their statutory powers, according to the
circumstances of the situation. This standard contemplates that officers must exercise
discretion in their duties, and will not be held liable for conduct that falls within the
range of reasonableness. 29 Courts must further consider the essential function
19
Criminal Code, R.S.C., 1985, c. C-46 [Criminal Code]. Actions must be “authorized by law” in order for the provisions in the
Criminal Code to apply. This language is broad enough to include actions that are authorized under either statute of the common
law.
20
Id., s. 27.
21
Id., ss.30-31.
22
Id., ss. 32-33.
23
Id., s. 25(1). This provision provides the legal authority for officers to use force in a number of situations. These include the power
to effect an arrest without warrant, which is authorized by law under ss. 494-495 of the Code, or the power to frisk a suspect
incident to arrest, which is authorized under common law. The common law duties of police officers were described by the
Supreme Court of Canada as the “preservation of the peace, the prevention of crime, and the protection of life and property.” See
R. v. Godoy, [1999] 1 S.C.R. 311 at para. 15.
24
Criminal Code, supra note 19, s. 26. (“Everyone who is authorized by law to use force is criminally responsible for any excess
thereof according to the nature and quality of the act that constitutes the excess”).
25
R. v. Nasogaluak, 2010 SCC 6 at para. 35.
26
Grievous bodily harm has been defined in a leading case as a “serious hurt or pain.” See R. v. Bottrell (1981), 60 C.C.C. (2d) 211
(B.C.C.A.).
27
Criminal Code, supra note 19, s. 25(3).
28
Crampton v. Walton, 2005 ABCA 81 at para. 42.
29
Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41 at paras. 29-34, 79.
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