Canada Case Law

R. v. Farr

Court

Supreme Court of Nova Scotia

Given the offender's guilty plea, positive mitigation (PSR and character letters), the contextual factors (victim provocation, COVID context) and the significant collateral employment and regulatory consequences that would follow a conviction for a police officer, the court found a conditional discharge appropriate and not contrary to the public interest; imposed a 12‑month probation order with specified conditions, refused the prosecution's requests for a firearms prohibition and a DNA order, and imposed a $200 victim surcharge.

Source excerpt

• Assault
• Conditional discharge
• Abuse of authority
• Probation
• Use of force by police
• Firearms prohibition

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R. v. Black

Court

Court of Appeal for Ontario

The Court accepted the trial judge's factual findings and concluded that, on those facts, the officers' use of force was justified under Criminal Code s.25(4) and did not breach s.7; the pat-down was a lawful safety search while the later jacket search breached s.8 but the seized drugs were admissible under s.24(2) given their discoverability and the minimal impact of the breach, therefore convictions stand and the appeal is dismissed.

Source excerpt

• Use of force by police
• Search and seizure
• Charter s.7
• Charter s.8
• Charter s.24(2)
• Criminal code s.25(4)

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R. v. Nguyen

Court

Court of Appeal for Ontario

The appeal is dismissed: the application judge did not err in her s.24(2) analysis or in concluding the apartment evidence need not be excluded despite the s.8 breach because the freeze was at the less serious end, the remedy for the unlawful arrest (exclusion of drugs found on the person) was proportionate, amplification of the ITO at Step 6 to correct drafting omissions was permissible, and there was no basis to exercise residual discretion to set aside the warrant because the affiant was unaware of the earlier Charter breaches and was not put on notice to make further inquiries.

Source excerpt

• Charter s.24(2) exclusion
• Section 8 search and seizure
• Section 9 arbitrary detention
• Section 10(a) right to be informed
• Search warrant validity
• Amplification of information to obtain (ito)

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Degen v. British Columbia (Public Safety)

Court

Supreme Court of British Columbia

The court found police had lawful grounds to arrest for obstruction, but the CEW deployment was unjustified and amounted to battery. Other tort claims failed.

• Battery
• Use of force by police
• Conducted energy weapon (cew)
• Unlawful arrest
• Obstruction of justice
• Negligent investigation

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R. v. Evanshen

Court

Supreme Court of British Columbia

The appeal court dismissed Luke Jared Evanshen’s conviction and sentence appeals, upholding assault convictions and a conditional discharge with probation.

• Assault
• Assaulting a peace officer
• Self-defence
• Credibility assessment
• Trial fairness and self-representation
• Summary conviction appeal

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R. v. Evanshen

Court

Supreme Court of British Columbia

The court dismissed an application to stay a probation order pending appeal, finding the proposed appeal lacked sufficient merit and the conditions were not unduly onerous.

• Stay of probation
• Conditional discharge
• Assault on police officer
• Self-represented litigant assistance
• Delay and prejudice
• Miscarriage of justice

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R. v. Wellwood

Court

Court Martial Appeal Court of Canada

The majority concluded the military judge materially erred by failing to instruct the panel, in relation to the obstruction charge, that the appellant had a competing legal obligation to locate and protect a subordinate in suicidal distress (duty to promote welfare) and by failing to link that duty to the Waterfield/necessity analysis of whether the military police officer was acting in the execution of his duty; that omission could reasonably have affected findings on whether force was reasonably necessary and on mens rea for wilful obstruction and conduct to the prejudice of good order and…

Source excerpt

• Obstruction of a peace officer
• Use of force by police
• Jury/panel instructions
• Duty to promote welfare of subordinates
• Police independence
• Waterfield test

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R. v. Lopez

Court

Supreme Court of British Columbia

On a Charter voir dire, the court upheld the arrest force as reasonable under s. 7, found a delay in access to counsel under s. 10(b), but granted no remedy.

• Charter s.7 - security of the person
• Charter s.10(b) - right to counsel
• Use of force by police
• Criminal code s.25 justification
• Remedies for charter breaches
• Charter-security-of-the-person

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R. v. Van De Graaf

Court

Supreme Court of British Columbia

The Crown appealed a stay of proceedings under s. 24(1) of the Charter after a police officer struck a compliant impaired-driving suspect in the face. The appeal was dismissed.

• Stay of proceedings
• Section 24(1) charter
• Residual category
• Use of force by police
• Dissociation remedy
• Stay-of-proceedings

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R. v. Furlotte

Court

Supreme Court of British Columbia

The appeal was allowed and the conviction quashed because the Crown failed to prove mens rea for refusing a breath sample. The accused was not told of the time constraint.

• Refusal to provide breath sample
• Mens rea
• Reasonable excuse
• Use of force by police
• Right to counsel
• Breath sample statutory timelines

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