What is the test for a police officer to use force under section 25(3) of the Criminal Code?
Ontario, Canada
The following excerpt is from R. v. Robinson, 2019 ONSC 4696 (CanLII):
Section 25(3) of the Criminal Code also “prohibits a police officer from using a greater degree of force, i.e. that which is intended or likely to cause death or grievous bodily harm, unless he or she believes that it is necessary to protect him- or herself, or another person under his or her protection, from death or grievous bodily harm”: Nasogaluak, at para. 34. The use of force must be judged on a subjective-objective test. The officer’s belief must be objectively reasonable: Nasogaluak, at para. 34; and Chartier v. Greaves, [2001] O.J. No. 634 (S.C.), at para. 59.
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