What is the test for using excessive force against a police officer?
British Columbia, Canada
The following excerpt is from Akintoye v White, 2017 BCSC 1094 (CanLII):
The defendants accept that under s. 25, they bear the onus of proving on a balance of probabilities, three requirements described in Chartier v. Graves, [2001] O.J. No. 634 at para. 54 (S.C.), as follows: 1. the officer’s conduct was required or authorized by law in administering or enforcing the law; 2. he or she acted on reasonable grounds in using force; and 3. he or she did not use unnecessary force.
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