There is little question that if you reach for an officer's weapons on his or her duty belt you are opening yourself to significant and legitimate use of force.
There is also little question in my mind looking at this video this guy is actively fighting against the officers during the arrest.
But, alas, I am left with one kinda big question.
The police say:
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As CPS officers were attempting to escort the man off the premises, he pulled away and grabbed hold of one of the officer’s duty belts and on to the handle of the member’s conducted energy weapon.
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and they have charged him with:
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resisting arrest and obstruction of justice under the Criminal Code. He is also charged under the Gaming and Liquor Act with failure to leave a licensed premises and causing a disturbance in a licensed premises.
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so the question I need answered is why is the only offence he is NOT charged with the offence they say he committed to justify the use of force in the first place?!
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Disarming a peace officer
270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty.
Definition of “weapon”
(2) For the purpose of subsection (1), weapon means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.
Punishment
(3) Every one who commits an offence under subsection (1) is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months.
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