What constitutes misconduct when an officer makes an unlawful or unnecessary arrest?
Ontario, Canada
The following excerpt is from Wayne Penner and Constables Nathan Parker, 2005 CanLII 81113 (ON CPC):
20. Section 2(1)(g)(i) deems it to be misconduct when an officer “without good and sufficient cause makes an unlawful or unnecessary arrest”. Section 2(1)(g)(ii) states that an officer commits misconduct if he or she “uses any unnecessary force against a prisoner or other person contacted in the execution of duty …” _______________________ 3 Transcript of R v. Penner , January 28, 2003, pages 11 to 12.
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