The Supreme Court of Canada in Ottawa on Tuesday, July 10, 2012. THE CANADIAN PRESS/Sean Kilpatrick

Supreme Court sets rules on arrests in case of detained Ontario protester

The unanimous decision says such an arrest is not justifiable

The Supreme Court of Canada says police don’t have the power to arrest anyone acting lawfully simply to prevent a possible outbreak of violence or disorder.

The unanimous decision says such an arrest is not justifiable in cases where someone has not and is not about to commit an offence, and there are less intrusive means available to police to keep the peace.

Today’s ruling stems from a case when Ontario police arrested Randy Fleming at a counter-protest over an Indigenous land dispute in 2009, even though he had not committed any offence.

Fleming successfully argued at trial that police unlawfully detained him, used excessive force and violated his charter right to free expression.

The Ontario Court of Appeal subsequently ruled that police had the power to arrest Fleming, but ordered a new trial on the question of whether excessive force had been used.

In the ruling today, the Supreme Court upholds the original trial judge’s decision, concluding Fleming’s arrest was not authorized and there was no justification for ordering a new trial.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

UPDATE: AA Lacombe Generals win two games including blockbuster against Daysland

Five unanswered goals on Friday, three on Saturday lead to 2-0 weekend for Gens’

‘Elder in the Making’ Herr Lecture in Lacombe brings light to Treaty 7

Documentary film/interactive talk highlights relationship between Blackfoot elder, Chinese newcomer

Lacombe County, Clearwater County sign Intermunicipal Collaboration Framework

ICF specifies what and how services are funded and delivered

Night Among the Stars supports Lacombe Big Brothers Big Sisters

Dancing competition bring together local celebrities, professional dancers for celebration, gala

Wolf Creek Public Schools’ buses are cancelled and schools are closed

High schools will remain open only for students writing diploma exams

Rebels fight back from 3-1 Raider lead to win 4-3 in shootout

Two goals by Zak Smith key to Rebels comeback

‘Extensive’ work planned at Big Bar landslide ahead of salmon, steelhead migration

Fisheries Minister Bernadette Jordan visited the site of the slide from June

Royal deal clears way for Harry, Meghan part-time Canada move: experts

Keith Roy of the Monarchist League of Canada said the deal is exactly what Harry and Meghan asked for

PHOTOS: Eastern Newfoundland reeling, search underway for missing man after blizzard

More than 70 centimetres of new snow fell overnight, creating whiteout conditions

Prince Harry, Meghan to give up ‘royal highness’ titles

‘Harry, Meghan and Archie will always be much loved members of my family,’ says Queen Elizabeth II

RCMP Major Crimes Unit lays charges in Stettler death

Nicholas Climb Johnson, 32, of Stettler is charged with second degree murder in the death of his father

Metis nations ask Ottawa to negotiate directly with them, not national body

Three provincial Metis nations will work through the national council until after the federal government releases its 2020 budget

Most Read