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

CrossFit Vernon celebrates a decade of community

For 10 years, CrossFit Vernon has been supporting their community

Water draws Vernon artists together for exhibit

Gallery Vertigo open house Saturday for Spirit of Water

Lake Country Food Bank camera stolen

Silver Ford crew cab seen taking equipment from social service agency

Okanagan highlanders dance in support of kids, food banks

A nationwide virtual dance-a-thon will garner donations for Food Bank Canada and Kids Help Phone

Central Okanagan residents invited to give input on regional transport plan

The plan will help Central Okanagan governments work together to connect people and places across the region

B.C. doctors, dentists call on province for mandatory mask rule

Open letter says masks should be worn in indoor public spaces, public transportation or in crowds

Merritt man arrested after allegedly touching children inappropriately

Skylar Mcleod, 24, is facing six charges, including one for sexual interference

Dwindling B.C. bamboo supply leaves Calgary Zoo biologists worried about pandas

Zoo has been trying to send pandas back to China since May

Alberta man’s body recovered from Okanagan Lake after five-day search

‘The depth of the water, as well as the topography of the lake, made the recovery of the deceased very challenging’ - RCMP

Facebook launches its new TikTok clone, Instagram Reels

Facebook has a long tradition of cloning competitive services

Masks urged for some students returning to Vernon schools

Phase two sees students return full-time Sept. 8

B.C. Appeal Court prevents Victoria woman from using the term ‘death midwife’ in her job

Pashta MaryMoon claimed she had been providing “death-care services” for more than 40 years

‘We all have anxieties’: B.C.’s top doctor addresses return-to-school fears amid COVID-19

Dr. Bonnie Henry promises school restart plan safe for B.C. kids

Most Read