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.

Just Posted

Stettler County council requests amendments that could allow for more dwellings in controversial development of Buffalo Lake

Project density limitations would not be financially viable, developer tells County

Clearview and staff are providing $1,525 towards ensuring families have enough to eat over the holidays

“Food Bank usage in Stettler and other areas continues to increase.”

‘You can take the kid from the farm, but you can’t take the farm from the kid!’

Former area resident Maxine Berry reflects on growing up years in Endiang region

Red Deer-Lacombe MP, other Conservative MPs meet with AB justice minister

Calkins said the justice system is a revolving door for criminals targeting rural areas

Businesses and organizations team up for Miracle on 50th

Shop local, celebrate local on Dec. 14th

Fashion Fridays: A masterclass on H&M knitwear

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Johnson claims Brexit mandate with new conservative majority

Conservative Party wins 365 seats in the House of Commons

Couple who bought $120k banana duct-taped to wall say artwork will be ‘iconic’

Pair compared it to Warhol’s ‘Campbell’s Soup Cans,’ which was initially ‘met with mockery’

Alberta to change drug coverage for 26,000 patients, expects to save up to $380M

Patients being treated with biologics on government-sponsored drug plans must switch to biosimilars

Race to replace Andrew Scheer could be a crowded one

Many familiar faces, such as Maxime Bernier, Jason Kenney, Doug Ford and Kevin O’Leary, have said no

Pet medical neglect cases on the rise in economically ailing Calgary

Alberta’s unemployment rate was 7.2 per cent in November compared with 4.4 per cent five years ago

Alberta premier opens war room to promote ‘truth’ about energy industry

Effort includes a $2.5-million public inquiry into foreign funding of anti-oil advocacy groups

Most Read