We have also considered whether the trial judge determined that the police officer’s belief was objectively reasonable, as she did not expressly say so. The test was described in Nasogaluak at para 34: Section 25(3) also prohibits a police officer from using a greater degree of force, i.e. that which is intended to likely to cause death or grievous bodily harm, unless he or she believes that it is necessary to protect him - or herself, or another person under his or her protection, from death or grievous bodily harm. The officer’s belief must be objectively reasonable. This means that the use of force under 25(3) is to be judged on a subjective – objective basis (Chartier v. Greaves ... at para. 59.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.