R. v. M. P.

R. v. M. P.

Court found the force was applied by the father as a reasoned corrective measure under s.43 to remove a defiant child from the situation, the force did not exceed what was reasonable in the circumstances, and the Crown therefore failed to prove assault beyond a reasonable doubt, resulting in acquittal.

Citation
2021 NSPC 36
Parties
Crown: Her Majesty the Queen; Accused: M. P.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 April 2021
Procedural Posture
Criminal (assault S.266) / Trial — Judgment (acquittal)
Outcome
Acquitted — Not guilty
Legal Topics
Assault, Section 43 Justification, Admissibility of Child Video Statements (s.715.1), Credibility Assessment of Children, Publication Ban (s.486.4/486.5)
Source Language
English
Criminal Law Children and Youth Law Evidence Assault Section 43 Justification Admissibility of Child Video Statements (s.715.1) Credibility Assessment of Children Publication Ban (s.486.4/486.5)

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Parties

Her Majesty the Queen

Crown

M. P.

Accused

Procedural Posture

Criminal (assault S.266) / Trial — Judgment (acquittal)

Legal Issues

  1. 1 Whether the Crown proved assault beyond a reasonable doubt
  2. 2 Whether the accused's use of force was 'by way of correction' under s.43
  3. 3 Whether the force exceeded what was reasonable under the circumstances (subjective and objective test)

Ratio Decidendi

Court found the force was applied by the father as a reasoned corrective measure under s.43 to remove a defiant child from the situation, the force did not exceed what was reasonable in the circumstances, and the Crown therefore failed to prove assault beyond a reasonable doubt, resulting in acquittal.

Court Disposition

Acquitted — Not guilty

Orders

  • Publication ban on any information identifying the complainant, victim or witness pursuant to s.486.4 and s.486.5 of the Criminal Code