What are the factors used to determine whether an officer is in the lawful performance of his or her duties in a pursuit?
Ontario, Canada
The following excerpt is from R. v. Phillipo, 2011 ONCJ 424 (CanLII):
[49] There are other considerations that can assist in determining whether an officer is in the lawful performance of his or her duties within the context of section 128(13). In paragraph 55 of Blaz v. Dickinson, Cumming J. states the following as being factors to consider in assessing whether to begin, to continue, or to end a pursuit: “These include the nature of the offence, the manner in which the driver is operating his or her vehicle, the age of the driver, the presence of pedestrians or other traffic, the length of time or distance involved in the pursuit and the nature and condition of the area travelled.”
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