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The Federal Court found a correctional officer used unjustified force against Kelsey Stewart, causing facial injuries. It awarded $50,000 for battery and $15,000 for Charter vindication.
Court found the Crown proved identity, intentional application of force and bodily harm beyond a reasonable doubt. The defence of self‑defence possessed an air of reality and could justify the initial blows, but the accused exceeded defensive necessity in the second phase (re‑engaging after the complainant was non‑threatening and bent over), making subsequent force unreasonable and disproportionate; therefore the Crown disproved self‑defence for the latter portion and convicted under s.267(b).
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The Court of Appeal dismissed the Crown's appeal and affirmed the trial judge's stay because her credibility findings, supported by video evidence, that an officer gratuitously used pepper spray and that several officers fabricated or discussed Use of Force reports were findings of fact entitled to deference; that misconduct by correctional officers in custody and in subsequent reporting/testimony created the requisite connection to the integrity of the prosecution under the residual abuse of process doctrine; and that no adequate alternative remedy would vindicate the integrity concerns.
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The court declined to compel the Crown to call a witness, but ordered that Constable Craig Andrews be called as the court’s witness and cross-examined by both sides.
The court convicted Jonathan Ricardo Thebaud of aggravated assault, finding that self-defence did not apply because his strike was not reasonable in the circumstances.
The court dismissed most battery claims arising from a nightclub arrest, finding the officers’ force justified under s. 25(1), but awarded nominal damages for unnecessary hospital handcuffing.
Trial judgment in R. v. Alphonse, where the Supreme Court of British Columbia acquitted the accused of manslaughter after finding reasonable doubt on self-defence.
The trial judge did not err in law or fact; the "one plus one" policy was not misapplied, the appellant's utterance did not alter the emergency faced by the officer who observed the appellant armed with a knife, and the appellant failed to prove the officer's use of serious force was unreasonable in all the circumstances; therefore the Charter stay was properly refused and the appeal is dismissed.
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The Federal Court certified Abel Araya’s proposed class action for Black inmates, subject to pruning references to “Anti-Black Racism” for manageability.
The Tribunal will not delay the hearing until expert reports are filed; it will proceed with a phased approach starting with the complainant's in‑person evidence in April 2024 to avoid staleness and to promote proportionality and efficiency, while allowing the Commission to file its expert by Jan 31, 2024 and permitting the CSC to file a reply expert deadline to be set after review; the CSC must substantially refine its witness list following the complainant's evidence.
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