INTRODUCTION AND BRIEF DESCRIPTION

Police are justified in using deadly force when they are lawfully trying to arrest someone who may be arrested without a warrant, the suspect has fled, and there is a belief on reasonable grounds that the force is necessary to protect the officer or others from imminent or future death or grievous bodily harm, and there is no other reasonable way to apprehend the suspect.

SECTION WORDING

25(4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if (a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested; (b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant; (c) the person to be arrested takes flight to avoid arrest; (d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and (e) the flight cannot be prevented by reasonable means in a less violent manner.

EXPLANATION

Section 25(4) of the Criminal Code of Canada establishes the circumstances under which a peace officer or any person lawfully assisting them is justified in using force that could potentially result in death or serious bodily harm when making an arrest. The provision requires that the peace officer is justified in using such force if they are lawfully proceeding to arrest a person with or without a warrant, and the offence for which the person is to be arrested is one for which arrest can be made without a warrant. If the person to be arrested attempts to flee, the use of such force is authorized if the peace officer or any lawful person assisting them believes on reasonable grounds that it is necessary to do so to protect themselves or others from imminent or future death or grievous bodily harm. In such cases, the force used must be proportional to the threat posed and must not exceed the requirements necessary to overcome the flight by reasonable means in a less violent manner. This section of the Criminal Code is intended to protect both the lawful execution of police work and the safety of the public during high-risk situations where individuals evade arrest. However, the section must be applied judiciously to avoid the use of excessive force or abuses by any law enforcement officers. The use of such force must be justified and reasonable under the circumstances, and any excess application of force may result in criminal or civil charges against the officer.

COMMENTARY

Section 25(4) of the Criminal Code of Canada provides peace officers and those assisting them with the ability to use force that may cause death or grievous bodily harm. This section allows for the use of force when arresting an individual who has committed an offence that enables them to be arrested without a warrant, and the person attempts to flee to avoid arrest. The use of force is only justifiable if the officer believes on reasonable grounds that the force is necessary to protect them, other assisting officers, or any other person from imminent or future death or grievous bodily harm. Additionally, if the flight cannot be prevented by reasonable means in a less violent manner, then the force may be used. The use of force by law enforcement officials is highly controversial, as it often involves one person exerting their power over another. The idea of providing officers with the authority to use force that may result in death or injury is a power that must be approached with caution and accountability. The use of force must be used only when absolutely necessary, and the decision must adhere to the principles of proportionality and necessity. The principles of proportionality and necessity dictate that the force used should be appropriate and proportionate to the situation and the level of resistance the officer faces. The force used must not exceed what is reasonably necessary to accomplish the police objective, such as making an arrest. The level of force used should also be based on the potential danger posed by the person to be arrested. It must be guided by the language of the Criminal Code, which places a limit on the use of force and stipulates that it should only be used to the extent necessary to perform a legal duty. It is essential to emphasize the word "justifiable" used in Section 25(4) as it puts the emphasis on the action taken by the officer. The justification of the use of force is subject to scrutiny by a court of law, and any action taken must be based on reasonable grounds and a belief that death or grievous bodily harm is likely to result. This further underlines the importance of accountability in the use of force. In conclusion, Section 25(4) of the Criminal Code of Canada gives law enforcement officials the authority to use force that may cause death or grievous bodily harm, which is a power that must be exercised with utmost caution. The use of force should be appropriate, proportionate, and necessary for the situation at hand. It should be based on reasonable grounds and guided by the principles of proportionality and necessity. Finally, the use of force must be justifiable and subject to legal scrutiny to ensure accountability.

STRATEGY

Section 25(4) of the Criminal Code of Canada provides peace officers with the authority to use force, which may lead to the death or grievous bodily harm of an individual, to effect an arrest. This power is granted under specific circumstances, such as when the person being arrested is attempting to flee and reasonable measures to restrain them prove ineffective. However, the use of such force must be lawful and reasonable, and adhere to the principles of proportionality and necessity. In this article, we will discuss some strategic considerations and possible strategies that can be employed when dealing with this section of the Criminal Code. One of the essential strategic considerations when dealing with Section 25(4) is the potential for the use of lethal force, and the implications it entails. The use of force that leads to the death or grievous bodily harm of an individual can have far-reaching legal, professional, and public relations implications for the peace officer and the organization they serve. Any such incident will be scrutinized by a variety of individuals and parties, including investigative bodies, legal and medical professionals, civil society groups, and the media. Therefore, it is vital to ensure that peace officers are trained and equipped to handle high-pressure situations, recognize the limits of their powers, and exercise sound judgment in the use of force. Another important strategic consideration is the potential for a situation to escalate rapidly. The use of force in these circumstances is often time-sensitive and requires that the peace officer reacts quickly to changing circumstances. Additionally, the situation could be potentially dangerous, which can exacerbate the need to act swiftly and decisively. This can be a harrowing experience for peace officers, as it requires that they accurately assess the situation while under immense pressure and make sound decisions regarding the use of force. One strategy that could be employed to manage these situations is the presence of multiple peace officers. Having two or more officers can reduce the need for a single officer to use force, as they can work together to control the situation and enact a safer, more effective arrest. A further strategic consideration when dealing with Section 25(4) is the diversity of potential scenarios. Each interaction will have its unique circumstances that peace officers need to evaluate to determine if the use of force is necessary. For instance, force may be required in a situation where the individual is armed and poses a risk to public safety. However, the use of force may not be necessary in circumstances where the individual poses no imminent harm to anyone, other than themselves. In these cases, it may be best to rely on community resources and mental health professionals to assist the individual, rather than using force. Implementing a crisis intervention team (CIT), which comprises mental health professionals and officers specialized in crisis management, could be a viable strategy in such scenarios. In conclusion, Section 25(4) of the Criminal Code of Canada grants peace officers the authority to use force that could cause death or grievous bodily harm to effect an arrest. However, the use of such force should be limited to circumstances that comply with the principles of necessity and proportionality. Peace officers must exercise sound judgment, receive appropriate training, and recognize the risks involved in the use of force. It is also crucial to consider the rapid escalation of situations, the diversity of scenarios, and potential reactions from the public, legal, and investigative bodies. Employing multiple strategies, such as the presence of multiple officers, CIT, and reliance on community resources, can also assist in reducing the need for force in some scenarios. Overall, the use of force outlined in Section 25(4) should be seen as a measure of last resort and only employed when all other options have been exhausted.

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