Federal Law Four

Question 1

What section of the criminal code do we find the right to use force?

Answer 1

Section 25 of the CC

Question 2

What is reasonable suspicion?

Answer 2

Reasonable Suspicion is where “a constellation of objectively discernible facts which gives the detaining officer reasonable cause to suspect that the detainee is criminally implicated in the activity under investigation”

Question 3

What is reasonable doubt?

Answer 3

Proof Beyond a Reasonable Doubt is not absolute proof. Although it is not proof beyond any doubt, the onus upon the Crown is to prove to the court that the guilt of the accused is close to an absolute certainty.

Question 4

Use of force - acting in good faith

Answer 4

​ Using force with honest intention that you were acting on information that was true

Question 5

Use of force - when protected

Answer 5

Under Section 25(4) under the Criminal Code:

Peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if​

 a. peace officer making lawful arrest; and  

 b. person may be arrested without warrant; and​ 

 c. the person takes flight to avoid arrest;​ and  

 d. reasonable grounds force is necessary to protect the peace officer, person lawfully assisting or any person from             imminent or future death or grievous bodily harm; AND​ 

e. the flight cannot be prevented by reasonable means in a less violent manner.​

Question 6

Use of force - escaping inmate

Answer 6

A police officer is justified to use force that is intended or is likely to cause death or grievous bodily harm if,

They believe on reasonable ground that any of the inmates of the penitentiary pose a threat of bodily harm to a peace officer or any other person and,

The escape cannot be prevented by reasonable means in a less violent manner

Question 7

Use of force - when NOT protected

Answer 7

Under Sec 25 (3) of the Criminal Code:

Subject to subsections (4) and (5), a person is not justified for the purposes of subjection (1)

In using force that is intended or is likely to cause death or grievous bodily harm unless

the person believes on reasonable grounds that it is necessary for the self-preservation of the person or

the preservation of any one under that person’s protection from death or grievous bodily harm

Question 8

Definitions:

Necessary

Answer 8

Necessity requires the three elements of an imminent peril or danger, the absence of a reasonable legal alternatives and proportionality between the harm done and the harm avoided. Necessity also requires that compliance with the law be demonstrably impossible.

Question 9

Definitions:

Imminent

Answer 9

This refers to intent, means and opportunity.

The peril or danger must be impending, menacingly close at hand, threatening or poses a direct and immediate danger to the individual

Question 10

Definitions:

Proportionally

Answer 10

The harm caused must not be greater than the harm avoided.

Question 11

Use of force - excess force

Answer 11

Under Section 26 of the Criminal Code:

Everyone who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

Question 12

Three branch test to use force:

Answer 12

1. Authorized or required to perform a duty
2. Acts on Reasonable Grounds
3. As much force as Necessary

Question 13

Use of force - self defense

Answer 13

Under Section 34 (1) of the Criminal Code:

A person is not guilty of an offence if​

They believe on reasonable grounds that force or a threat of force is being used against them or another person (the trigger);
Must have acted for the purpose of defending themselves or others from that use of force or threat of force (the motive); AND​
The act committed is reasonable in the circumstances (the response)

Question 14

Use of force - acting unlawfully

Answer 14

3) Subsection (1) does not apply if the force is used or threatened ​

by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, ​
unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.​