Can the police arrest someone who is acting lawfully in order to prevent an apprehended breach of the peace?
Newfoundland and Labrador, Canada
The following excerpt is from R. v Hoffman, 2019 CanLII 112836 (NL PC):
In Fleming v. Ontario, 2019 SCC 45, it was held that the “ancillary powers doctrine does not give the police a power to arrest someone who is acting lawfully in order to prevent an apprehended breach of the peace” (at paragraph 7).
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