What is the test for use of force by a police officer to arrest a man?
Ontario, Canada
The following excerpt is from Albanese v Franklin et al., 2016 ONSC 6479 (CanLII):
Justice LeDain in Cluett v. The Queen, 1985 CanLII 52 (SCC), [1985] 2 S.C.R. 216 at 222, 21 D.L.R. (4th) 306 affirmed the following statement by the trial judge: Police officers are authorized to use such force as is reasonable, proper and necessary to carry out their duties, provided 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 [or she] is justified in doing what he [or she] is required to do and in using as much force as is necessary for that purpose. (ii) The Powers of Arrest
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