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Police-Encounters-With-People-In-Crisis

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Excessive force<br />

26. Every one who is authorized by law to use force is criminally responsible for any excess thereof<br />

according to the nature and quality of the act that constitutes the excess.<br />

R.S., c. C-34, s. 26.<br />

Use of force to prevent commission of offence<br />

27. Every one is justified in using as much force as is reasonably necessary<br />

(a) to prevent the commission of an offence<br />

(i) for which, if it were committed, the person who committed it might be arrested<br />

without warrant, and<br />

(ii) that would be likely to cause immediate and serious injury to the person or property<br />

of anyone; or<br />

(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were<br />

done, be an offence mentioned in paragraph (a).<br />

R.S., c. C-34, s. 27.<br />

Preventing breach of peace<br />

30. Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or<br />

renewal thereof and may detain any person who commits or is about to join in or to renew the breach of<br />

the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is<br />

reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is<br />

reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach<br />

of the peace.<br />

R.S., c. C-34, s. 30.<br />

Arrest for breach of peace<br />

31. (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the<br />

peace officer is justified in arresting any person whom he finds committing the breach of the peace or<br />

who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.<br />

Giving person in charge<br />

(2) Every peace officer is justified in receiving into custody any person who is given into his charge as<br />

having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace<br />

officer believes has, witnessed the breach of the peace.<br />

R.S., c. C-34, s. 31.<br />

SUPPRESSION OF RIOTS<br />

Use of force to suppress riot<br />

32. (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer<br />

believes, in good faith and on reasonable grounds,<br />

(a) is necessary to suppress a riot; and<br />

(b) is not excessive, having regard to the danger to be apprehended from the continuance of the<br />

riot.<br />

Person bound by military law<br />

(2) Every one who is bound by military law to obey the command of his superior officer is justified in<br />

obeying any command given by his superior officer for the suppression of a riot unless the order is<br />

manifestly unlawful.<br />

Obeying order of peace officer<br />

(3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if<br />

<strong>Police</strong> <strong>Encounters</strong> <strong>With</strong> <strong>People</strong> in <strong>Crisis</strong> |310

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