Poupart v. Lafortune

Poupart v. Lafortune

Section 25(4) of the Criminal Code affords a police officer acting lawfully to prevent the flight of a suspect immunity from civil and criminal liability for accidental injury to innocent persons where the statutory conditions are met and no legally sufficient negligence is established; on the facts no negligence was proven to negate that statutory justification, so the appeal is dismissed.

Citation
[1974] SCR 175
Parties
Plaintiff/appellant: Roger Poupart; Defendant/respondent: Claude Lafortune
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 May 1973
Procedural Posture
Criminal Law; Civil Damages Action / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs
Legal Topics
S.25(4) Criminal Code Justification, Police Liability, Negligence, Armed Robbery, Innocent Third‑party Injury
Source Language
English
Criminal Law Tort Police Powers Use of Force S.25(4) Criminal Code Justification Police Liability Negligence Armed Robbery +1 more

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Parties

Roger Poupart

Plaintiff/appellant

Claude Lafortune

Defendant/respondent

Procedural Posture

Criminal Law; Civil Damages Action / Appeal to Supreme Court of Canada From Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether s.25(4) Criminal Code justifies use of force to prevent escape and shields officer from civil liability for injury to innocent third parties
  2. 2 Whether officer was negligent in failing to see the appellant and in firing such that statutory justification is negated
  3. 3 Whether the circumstances constituted flight by the suspects and permitted use of lethal force to prevent escape

Ratio Decidendi

Section 25(4) of the Criminal Code affords a police officer acting lawfully to prevent the flight of a suspect immunity from civil and criminal liability for accidental injury to innocent persons where the statutory conditions are met and no legally sufficient negligence is established; on the facts no negligence was proven to negate that statutory justification, so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs