What is the test for reasonable and proper use of force by a police officer?
British Columbia, Canada
The following excerpt is from Irving et al v. Clemens et al, 2000 BCSC 291 (CanLII):
So too in Cluett v. The Queen (1985), 1985 CanLII 52 (SCC), 2 S.C.R. 216, Le Dain J. approved what the trial judge said in his charge to the jury at p. 222: Police officers are authorized to use such force as is reasonable, proper and necessary to carry out their duties, providing that no wanton or unnecessary violence is imposed. What is reasonable and proper in the particular circumstance, and in the particular case, will depend upon all the circumstances. It is not possible to lay down any hard and fast rule, except the test of reasonableness. If the police officer in carrying out his authority acts on reasonable and probable grounds, he is justified in doing what he is required to do and in using as much force as is necessary for that purpose.
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