R. v. Maddison

R. v. Maddison

The Crown failed to prove beyond a reasonable doubt that the defendant's use of force exceeded the reasonable corrective force protected by s.43: witness evidence suffered from lack of particulars, credibility concerns and personality conflicts; expert evidence supported the defendant's restraint techniques; critical allegations (grabbing throat, cuffing/slapping the head) were not proven to the requisite criminal standard, therefore the defendant's actions were lawful corrective force and she is acquitted.

Citation
2009 NSPC 16
Parties
Crown: Her Majesty the Queen; Defendant: Marlene Doris Maddison
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 April 2009
Procedural Posture
Criminal Assault (s.266(b) Cc) / Trial Judgment at Provincial Court
Outcome
Not guilty
Legal Topics
Assault, Section 43 (use of Force by Teachers), Burden of Proof, Hearsay, Expert Evidence (psychology), Reasonable Force
Source Language
English
Criminal Law Education Law Child Welfare Assault Section 43 (use of Force by Teachers) Burden of Proof Hearsay Expert Evidence (psychology) +1 more

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Parties

Her Majesty the Queen

Crown

Marlene Doris Maddison

Defendant

Procedural Posture

Criminal Assault (s.266(b) Cc) / Trial Judgment at Provincial Court

Legal Issues

  1. 1 Whether s.43 of the Criminal Code justified the use of force
  2. 2 Whether the force used exceeded what is reasonable and thus constituted assault
  3. 3 Whether the Crown proved beyond a reasonable doubt that the defendant acted unreasonably

Ratio Decidendi

The Crown failed to prove beyond a reasonable doubt that the defendant's use of force exceeded the reasonable corrective force protected by s.43: witness evidence suffered from lack of particulars, credibility concerns and personality conflicts; expert evidence supported the defendant's restraint techniques; critical allegations (grabbing throat, cuffing/slapping the head) were not proven to the requisite criminal standard, therefore the defendant's actions were lawful corrective force and she is acquitted.

Court Disposition

Not guilty