What are some cases involving the use of pepper spray by the police?
British Columbia, Canada
The following excerpt is from Anderson v. Smith et al., 2000 BCSC 1194 (CanLII):
Numerous other cases involving police use of pepper spray were presented. In Christopherson v. Saanich (1994), 2 B.C.L.R. (32d) 218 (S.C.), the plaintiff had been arrested following a donnybrook outside a casino and then refused to leave the police van, swore and was prepared to physically engage the officers. None of them were prepared to use physical force against a female and so the officer trained in the use of pepper spray was called in. He warned the plaintiff who still refused to come out of the van. One or two sprays was used to bring the plaintiff under control. In this circumstance, Drake, J. found no other practical alternative open and fair warning given. Use of force was reasonable.
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