**R v Dupperon (1984): son caught smoking, bad language, ran away from home; dad straps butt with leather belt ~10 times, leaving bruises --- wasn’t reasonable here! force is allowed under s 43 of the CCC if it is within reason s 43 is determined by Canadian social standards, not of the accused (R v Baptiste) may use minimal force on teenagers for protection, rather than correction (R v Swan) educators may be permitted to use force under s 43, if reasonable (R v Wetmore) TEST Foundation for Children, Youth and the Law v Canada (AG)) for discipline (Cdn used for a corrective purpose child must be capable of understanding why force is being used s 43 doesn’t apply if force harms, or could be expected to harm, a child is cruel or degrading used on teenagers, bc shown to not work teachers use force as punishment ALSO… captains, pilots, etc. have common law right to use force to maintain order & discipline (King v Fanklin) Defence of Authority (MORE) Defences for Protection of Persons 3 key questions: did D have legal authority to undertake act? was D legally privileged, ie protected from civil/crim liability? pg 268 – did D meet all obligations imposed on him/him? can make an arrest CCC s 494 (1) anyone suspicion isn’t sufficient, has to be a v Storrey) strong and honest belief (R law changed to time” “reasonable R v Chen: grocer finds repeat thief, =/= finds committing, used legal fiction to let Chen off commiting” is interpreted broadly, means finds committing” “finds “apparently R v Biron constable arrests D and hands off to peace officer – Charter s 24(1) gives judges discretion to award and just” remedy “appropriate 4 part TEST for awarding damages: Vancouver v Ward [2010]) P establishes Charter violated Damage must advance Charter goals state may attempt to establish a countervailing factor the amount of the damage should reflect its purpose (compensation, vindication, or deterrence) establishes constitutional supremacy, therefore may eliminate basis for person’s defence of legal authority Charter s 52 Rights & Obligations in the Arrest Process: Reasons for the Arrest
**R v Dupperon (1984): son caught smoking, bad language, ran away from home; dad straps butt with leather belt ~10 times, leaving bruises --- wasn’t reasonable here! force is allowed under s 43 of the CCC if it is within reason s 43 is determined by Canadian social standards, not of the accused (R v Baptiste) may use minimal force on teenagers for protection, rather than correction (R v Swan) educators may be permitted to use force under s 43, if reasonable (R v Wetmore) TEST for discipline (Cdn Foundation for Children, Youth and the Law v Canada (AG)) used for a corrective purpose child must be capable of understanding why force is being used s 43 doesn’t apply if force harms, or could be expected to harm, a child is cruel or degrading used on teenagers, bc shown to not work teachers use force as punishment ALSO… captains, pilots, etc. have common law right to use force to maintain order & discipline (King v Fanklin) Defence of Authority (MORE) Defences for Protection of Persons 3 key questions: did D have legal authority to undertake act? was D legally privileged, ie protected from civil/crim liability? – pg 268 did D meet all obligations imposed on him/him? CCC s 494 (1) anyone can make an arrest suspicion isn’t sufficient, has to be a strong and honest belief (R v Storrey) law changed to “reasonable time” R v Chen: grocer finds repeat thief, =/= finds committing, used legal fiction to let Chen off “finds commiting” is interpreted broadly, means “apparently finds committing” R v Biron – constable arrests D and hands off to peace officer Charter s 24(1) gives judges discretion to award “appropriate and just” remedy 4 part TEST for awarding damages: Vancouver v Ward [2010]) P establishes Charter violated Damage must advance Charter goals state may attempt to establish a countervailing factor the amount of the damage should reflect its purpose (compensation, vindication, or deterrence) Charter s 52 establishes constitutional supremacy, therefore may eliminate basis for person’s defence of legal authority Rights & Obligations in the Arrest Process: Reasons for the Arrest
Bobinski_61_Fall_2017_Charlie_Shi.docx