What is the current state of the law on police discretion in assessing danger?

Ontario, Canada


The following excerpt is from Puricelli v. Toronto Police Services Board, 2014 ONSC 6861 (CanLII):

In Castro v. Monteiro, [2012] OJ No. 5865 (S.C.) this court accorded a significant degree of latitude to the police in assessing danger. At paras. 45 Goldstein J. stated: … the law recognizes that the demands placed on police officers, which are multiple and sometimes conflicting, means that they must also have a very wide discretion in order to carry out their duties. The law also recognizes that police officers often have to make quick decisions based on limited information. Where situations of danger arise, or there are issues related to the safety of police officers or those whom they are duty bound to protect, the courts ought to be very careful to second-guess them.

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