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Accueil / Avocat / Proportionality in police action … and in sentencing

Proportionality in police action … and in sentencing

17 février 2012

The case has just been judged by the Canadian Supreme Court combining the application of the criminal code and the Canadian charter of rights and freedoms.

A motorist in a state of intoxication was arrested with the use of force as well as blows, after a police chase. The defendant pleaded guilty to “impaired driving and flight from police” but complained of the violence exercised against him. The first judge concluded that the police employed excessive force at the time of the arrest and infringed the rights guaranteed by Article 7 of the Canadian Charter of Rights and Freedoms. In consideration of this, based on paragraph 24(1) of that Charter, he set a lower sentence than the one that normally sanctions this type of offense. On appeal, the “majority judges” confirmed the reduction of the sentence on the basis of “excessive force”.

[pdfjs-viewer url=…-and-in-sentencing.pdf viewer_width=600px viewer_height=700px fullscreen=true download=true print=true openfile=false]

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