What considerations must a court consider in determining the reasonableness of the use of force by a police officer against a suspect?
Ontario, Canada
The following excerpt is from R. v. Montgomery, 2022 ONCJ 40 (CanLII):
At least one court has attempted to outline various considerations to determine the reasonableness of the use of force: In assessing the reasonableness or necessity of the force used in any particular situation a court must take into account all the circumstances, including whether: i. The suspect was acting in a hostile manner towards the police, resisting arrest or failing to comply with an officer’s arrest procedure; ii. The relative sizes and weights of the officer and the suspect; iii. The officer was at risk of harm; iv. The police knew the suspect had a history which might represent a threat to them; or v. The police understood that weapons might be on the premises.[17]
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