The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. THE CANADIAN PRESS/Sean Kilpatrick

Supreme Court sets rules on arrests in case of detained Ontario protester

The unanimous decision says such an arrest is not justifiable

The Supreme Court of Canada says police don’t have the power to arrest anyone acting lawfully simply to prevent a possible outbreak of violence or disorder.

The unanimous decision says such an arrest is not justifiable in cases where someone has not and is not about to commit an offence, and there are less intrusive means available to police to keep the peace.

Today’s ruling stems from a case when Ontario police arrested Randy Fleming at a counter-protest over an Indigenous land dispute in 2009, even though he had not committed any offence.

Fleming successfully argued at trial that police unlawfully detained him, used excessive force and violated his charter right to free expression.

The Ontario Court of Appeal subsequently ruled that police had the power to arrest Fleming, but ordered a new trial on the question of whether excessive force had been used.

In the ruling today, the Supreme Court upholds the original trial judge’s decision, concluding Fleming’s arrest was not authorized and there was no justification for ordering a new trial.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

First Saturday cancelled for July and August

Arts Council will wait to make a decision on September and Oktoberfest

City of Kimberley issues Boil Water Notice

The City of Kimberley issued a Boil Water Notice for all users… Continue reading

Impaired driver apprehended on Hwy 95A at 3:30 a.m. Saturday

Kimberley RCMP continued to remove impaired drivers from the roads. The latest… Continue reading

Hometown heroes: Search and Rescue president Peter Reid

Since the onset of the COVID-19 pandemic, Kimberley Search and Rescue (SAR)… Continue reading

Rivers, creeks flooding across the East Kootenay due to rainstorm

Residents evacuated in Fairmont, other properties on alert due to debris flow concerns

VIDEO: A Vancouver Island black bear takes weekend nap in eagle tree

Videos captured by Terry Eissfeldt shows the bear arriving Saturday night and sleeping in on Sunday

189 homes in Grand Forks area given evacuation orders

Homes are in the Nursery, Grand Forks Airport, Gilpin Rd., Johnson Flats and Granby Rd. areas

George Floyd asphyxiated by sustained pressure: family autopsy

Death sparked a wave of protests across the U.S. and abroad

B.C. Hockey League prepping for 2020-21

League reviewing different scenarios and start times in compliance with provincial regulations

Introducing the West Coast Traveller: A voyage of the mind

Top armchair travel content for Alaska, Yukon, BC, Alberta, Washington, Oregon and California!

COVID-19: B.C. commercial landlords can’t evict if they decline rent assistance

Emergency order ‘incentive’ for federal program, Carole James says

Investigators probe death of CN employee at Surrey rail yard

Transportation Safety Board is investigating an ‘occurrence that took place during switching operations’

Trans Mountain starts B.C. leg of pipeline twinning project

Mostly finished in Alberta, Burnaby terminal expanding

Most Read