What is the test for trespass to the person against a peace officer?

British Columbia, Canada


The following excerpt is from Berntt v. Vancouver (City of ), 1999 BCCA 345 (CanLII):

Counsel have been unable to discover any Canadian appellate judgment in which this section in its present form has been analysed in the context of an action for trespass to the person against a peace officer. The case of Hebert v. Martin, 1930 CanLII 61 (SCC), [1931] S.C.R. 145, [1931] 2 D.L.R. 484, was decided upon the predecessor section (s. 40, Criminal Code, 1892): Every sheriff, deputy sheriff, mayor or other head officer or acting head officer of any county, city, town or district, and every magistrate and justice of the peace is justified in using, and ordering to be used, and every peace officer is justified in using, such force as he, in good faith, and on reasonable and probable grounds, believes to be necessary to suppress a riot, and is not disproportioned to the danger which he, on reasonable and probable grounds, believes to be apprehended from the continuance of the riot.

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