What is the test for using excessive force against a student?
Yukon, Canada
The following excerpt is from R. v. Atkinson, 2003 YKTC 27 (CanLII):
(1) Was the force used to correct or discipline misbehaviour? Any use of force that primarily derives from arbitrariness, caprice, anger, or bad humour cannot escape prosecution under the claim of corrective disciplinary action. Such force remains punishable as a crime (Brisson v. Lafontaine (1864), 8 L.C. Jur. 173).
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