Does the court have any authority or authority to deny liability under s. 25 of the Criminal Code?
British Columbia, Canada
The following excerpt is from Akintoye v White, 2017 BCSC 1094 (CanLII):
In Turton v. Hanson, 2016 ABQB 343, the court articulated more fully this very approach in the context of a civil case. There, much like here, the plaintiff sued the police for a number of intentional torts including battery as well as a breach of his s. 9 Charter rights, and the defendants relied upon s. 25 of the Criminal Code to deny liability. The main issue was whether the police are permitted to use physical force at all during an investigative detention.
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