Police-Encounters-With-People-In-Crisis

(j)
The internal disciplinary process and the definition of police misconduct
are set out in Part V of the Act.
3. Criminal Code
106. The Criminal Code 19 contains provisions dealing with the use of force by police
officers. Section 25 provides protection where force is used in the administration or
enforcement of the law. A police officer is, if he or she acts on reasonable grounds,
justified in using as much force as is necessary for that purpose. In the case of force that
causes death, the force will be considered justified if the officer believed on reasonable
grounds that it was necessary for the self-preservation of the officer or the preservation
of anyone under the officer’s protection from death or grievous bodily harm.
107. In the case of a police officer who is lawfully arresting a person, if the person
takes flight, the police officer is justified in using force that is intended or likely to cause
death if the police officer believes on reasonable grounds that: the force is necessary to
protect the police officer, anyone lawfully assisting the police officer, or any other
person, from imminent or future death or grievous bodily harm; and that the flight
cannot be prevented by reasonable means in a less violent manner. 20
108. Section 26 of the Criminal Code clarifies that anyone who is authorized by law to
use force is nonetheless criminally responsible for any excess thereof.
109. I discuss the role of these Criminal Code provisions, and of the related case law
interpreting them, in Chapter 10 (Use of Force).
4. Common law
110. Police officers who use lethal force, as well as the Toronto Police Services Board,
may be subject to civil claims for recovery of damages in connection with a use of lethal
force. A civil claim may be available, for example, for the tort of negligence or for an
intentional tort such as assault or battery. The potential for civil liability (and criminal
liability) in connection with the use of force is discussed in Chapter 10 (Use of Force),
and is relevant to the issue of debriefing, which I discuss in Chapter 8 (Supervision).
5. Human Rights Code
111. Section 1 of the Ontario Human Rights Code forbids discrimination in the
provision of a service to any person on the basis of disability. A disability includes,
under section 10(1) of the Human Rights Code, a mental disorder, a condition of mental
impairment, or a developmental disability.
19
R.S.C., 1985, c. C-46.
20
Id., s. 25(4).
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