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

‘Suspicious incidents’ part of reason for surveillance at Langley shooting site

Police are still on scene at an Aldergrove property where a man was shot last month

Long-serving Langley City councillor Jack Arnold dies

Arnold passed away in his sleep on Dec. 11

WHAT’S IN STORE: Langley City getting its sparkle on tonight

From 5 to 9 p.m. Thursday, Dec. 12 a number of downtown merchants are holding a shopping party

Hallmark-famous Santa makes one last stop in Aldergrove

Keith Alton’s 50th year as St. Nick continues on Friday (Dec. 13) at Aldergrove pierogi shop

Drugged, drunk drivers pulled off Langley roads

Criminal charges and three-month driving bans were laid

VIDEO: Langley’s newest high school officially opens

A brief ceremony Thursday morning allowed all the players involved in new school to celebrate

‘British Columbians are paying too much’: Eby directs ICBC to delay rate application

Attorney General David Eby calls for delay in order to see how two reforms play out

VIDEO: Octopus, bald eagle battle after bird ‘bites off more than it can chew’ in B.C. waters

B.C. crew films fight between the two feisty animals in Quatsino off north Vancouver Island

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’

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

National cold case hunters take on search for missing man last seen in B.C.

Kristofer Couture’s car was found at Chilliwack trailhead in January but there’s been no sign since

Metro Vancouver mayors green light regional business license for ride-hailing

Surrey mayor only member to vote against inter-municipality business license

Owner surrenders dogs chained up outside among scrap metal, garbage to BC SPCA

Shepherd-breed dogs were living in ‘deplorable conditions.’

B.C. plane crash victim identified; witnesses describe ‘explosion’

He was a flight instructor, charter pilot and owned an airstrip before leaving Alberta

Most Read