Halifax, NS - Tasered teen gets acquittal restored [LINK] [LINK]
Officers had resorted to using a taser on the girl when she would not leave her bedroom... The Youth Court judge ruled the girl was justified in resisting arrest because officers had overstepped their authority... The Supreme Court judge ruled the girl’s conduct escalated and became a breach of the peace once the officers began to arrest the teen. That meant that when she resisted, police had grounds to charge her with assaulting police and resisting arrest. The Court of Appeal said the Supreme Court judge altered the trial judge’s finding to create the anticipated breach of the peace and doing so was an error in law.
This really seems like a reminder to police to review the limits of their authority. Contrary to the opinion of some, police authority is not unlimited.
This judgment also seems to open up the police to some serious liability in this particular case. If the police think that the girl shouldn't remain in her own bedroom in her mother's house, then perhaps they'll now be buying the girl a house of her own. Mortgage free.
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