Stewart v. Canada (Attorney General)
The trial judge did not commit any legal errors and no palpable or overriding factual errors were identified; therefore appellate intervention was not warranted and the appeal must be dismissed.
Source-derived case information.
- Citation
- 2001 FCA 128
- Parties
- Appellant: Rose A. Beckford Stewart; Respondent: The Attorney General of Canada on behalf of Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 27 April 2001
- Procedural Posture
- Civil Appeal / Appeal Decision
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Excessive Force, Arrest, Standard of Review, Findings of Fact
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose A. Beckford Stewart
Appellant
The Attorney General of Canada on behalf of Her Majesty the Queen
Respondent
Procedural Posture
Civil Appeal / Appeal Decision
Legal Issues
- 1 Whether the officers used excessive force in arresting the appellant
- 2 Whether the trial judge committed legal error in her findings
- 3 Whether any factual findings were palpably or overridingly erroneous
Ratio Decidendi
The trial judge did not commit any legal errors and no palpable or overriding factual errors were identified; therefore appellate intervention was not warranted and the appeal must be dismissed.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Stewart v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-04-27 Neutral citation 2001 FCA 128 File numbers A-10-00 Decision Content Date: 20010427 Docket: A-10-00 Neutral citation: 2001 FCA 128 CORAM: ISAAC J.A. SEXTON J.A. MALONE J.A. BETWEEN: ROSE A. BECKFORD STEWART Appellant (Plaintiff) - and - THE ATTORNEY GENERAL OF CANADA on behalf of HER MAJESTY THE QUEEN Respondent (Defendant) Heard at Toronto, Ontario, Friday, April 27, 2001 Judgment delivered at Ottawa, Ontario on Friday, April 27, 2001 REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A. Date: 20010427 Docket: A-10-00 Neutral citation: 2001 FCA 128 CORAM: ISAAC J.A. SEXTON J.A. MALONE J.A. BETWEEN: ROSE A. BECKFORD STEWART Appellant (Plaintiff) - and - THE ATTORNEY GENERAL OF CANADA on behalf of HER MAJESTY THE QUEEN Respondent (Defendant) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on Friday, April 27, 2001) MALONE J.A. The question of whether excessive force was used must be decided on the evidence presented. The Trial Judge is in the best position to make that determination having heard the evidence first hand and having observed the demeanour of the witnesses. We have not been persuaded that the learned Trial Judge made any legal errors in respect of which this Court should interfere. While we may have reached a different conclusion, we are satisfied that the Trial Judge considered the necessary factors in reaching her conclusion that the three officers did not use excessive force in the arrest of Ms. Stewart. Nor are any of the Trial Judge's findings reversible as no palpable or overriding factual errors have been identified. We would dismiss the appeal with costs. "B. Malone" J.A.