Criminal Code of Canada
In this lesson we will review the sections of the Criminal Code dealing with the
authorization to use force and the limitations on excessive force. We will examine
some case law which has further defined the law and then we will look at a case study
dealing with the use of force.
1. Examine the authorities to use force under the Criminal Code of Canada
2. Examine excessive use of force and how it applies to policing
Authority to Use Force – Criminal Code of Canada
Protection of person acting under authority of section 25(1) of the Criminal Code
of Canada
Everyone who is required or authorized by law to do anything in the administration or
enforcement of the law
(a) as a private person
(b) as a peace office or public officer
(c) in aid of a peace officer
is, if he acts on reasonable grounds, is justified in doing what he is required or
authorized to do and in using as much force as is necessary for that purpose.
This sections allows a police officer or public officer to use as much force as is
necessary if he or she is effecting an arrest or acting on reasonable ground.
Protection of person acting under authority of section 25(4) off the Criminal
Code
A peace officer is justified in using force that is intended or likely to cause death or
grievous bodily harm to a person to be arrested, if
(a) the peace officer is proceeding lawfully to arrest with or without warrant, the person
to be arrested,
(b) the offence is on which that person may arrested without warrant
(c) the person to be arrested takes flight to avoid arrest
