What is the test for a police officer to prove that his use of force was not excessive?
Ontario, Canada
The following excerpt is from Wynter v. Toronto Police Services Board, 2018 ONSC 3271 (CanLII):
The law requires that the officer’s use of force must be considered in light of the circumstances at hand at the time, not through the benefit of hindsight. The onus is on the officer to show that the force used was not excessive. See Chartier v. Greaves, [2001] O.T.C. 121 (S.C.).
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