Can a police officer proceed into a intersection with all emergency equipment?
British Columbia, Canada
The following excerpt is from Haczewski v. British Columbia, 2012 BCSC 380 (CanLII):
Lal v. Lawson, [1994] B.C.J. No. 273 (Q.L.) (S.C.), concerned an intersection collision between the plaintiff and an RCMP cruiser with all emergency equipment activated. The police car had slowed to a stop before entering the intersection on a red light, and proceeded at a slow and safe speed after all lanes except the lane in which the plaintiff was driving had stopped to allow him to move ahead. The plaintiff was exceeding the speed limit. In dismissing the action, Vickers J. confirmed that the police officer could only proceed into the intersection with due attention and regard for the traffic present and for traffic he might anticipate at that time of the day. He concluded that the defendant had done so.
Frers v. De Moulin, 2002 BCSC 408, 1 B.C.L.R. (4th) 131, was a claim by a police officer who was injured in an intersection collision while operating a motorcycle with his lights and siren activated. The police officer had entered the intersection against a red light. The defendant failed to see or hear him although cars in the other three lanes of traffic had stopped for the motorcycle.
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