The appellant, Trevor Ian James Lindsay, is a constable with the Calgary Police Service. While processing an arrestee, an altercation occurred between the appellant and the arrestee that left the latter with serious injuries. The appellant was charged with aggravated assault under s. 268 of the Criminal Code. At trial, the appellant’s defence included s. 25 of the Criminal Code, which protects peace officers from liability related to their lawful use of force. The trial judge concluded that s. 25 did not protect the appellant from criminal liability for his actions. A majority of the Court of Appeal agreed. However, Wakeling J.A., in dissent, would have held that the trial judge erred in concluding that the prosecution had proven beyond a reasonable doubt that the appellant’s actions constituted an assault, and also that the trial judge erred in concluding that s. 25 did not apply. Wakeling J.A. would have allowed the appeal and ordered a new trial.
Argued Date
2023-12-14
Keywords
Criminal Law — Defences — Use of force by peace officer — Protection of peace officers — Whether the majority of the Court of Appeal of Alberta erred in upholding the trial judge’s decision that s. 25 of the Criminal Code did not protect the appellant from criminal liability — Whether the majority of the Court of the Appeal erred in upholding the trial judge’s decision that the prosecution had proven the elements of aggravated assault beyond a reasonable doubt — Criminal Code, s. 25.
Notes
(Alberta) (Criminal) (As of Right)
Language
English Audio
Disclaimers
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