Quote:
Originally Posted by Cecil Terwilliger
If I'm innocent and the police have no reason to arrest me, it is absurd that I have to just accept their excessive use of force and bad judgement.
It doesn't excuse someone resisting arrest but it also doesn't excuse the police actions.
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Would it help steer this discussion back on course if I pointed out that in Canada, you're fully entitled to resist an unlawful arrest?
Quote:
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It is self-evident that a charge of assault to resist arrest requires proof of a lawful arrest. This is not a Charter issue; it is a fundamental element of the offence. The requirement reflects the important fact that in a democracy agents of the state operate within limits. If an arrest is unlawful, resistance to that arrest is not unlawful ... If the arrest was unlawful, assuming that Mr. Duncan resisted as described, he was entitled to do so.
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Could have found other similar quotes, but that one happens to come from one of the funniest decisions ever recorded,
http://www.canlii.org/en/on/oncj/doc...13oncj160.html