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Ontario’s Watchdog has weighed in on a case involving the Halton Regional Police Service (HRPS).
Back on Friday, September 20th, HRPS officers who were working a paid-duty assignment at the Acton Fall Fair were alerted to an altercation involving two men in the parking lot. Officers worked to separate the two men, but when one of the men either pushed or punched an officer, that officer reacted by punching the man in the face. It’s reported that the 54-year-old man fell, struck his head and lost consciousness. He was transported to hospital and diagnosed with a skull fracture and brain bleed.
The case was then taken over by the Special Investigations Unit.
On his assessment of the evidence, SIU Director Joseph Martino determined there were no reasonable grounds to believe that the officer committed a criminal offence in connection with the man’s injury.
“Section 34 of the Criminal Code provides that conduct that would otherwise constitute an offence is legally justified if it was intended to deter a reasonably apprehended assault, actual or threatened, and was itself reasonable,” notes Martino. “The reasonableness of the conduct is to be assessed in light of all the relevant circumstances, including with respect to such considerations as the nature of the force or threat; the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force; whether any party to the incident used or threatened to use a weapon; and, the nature and proportionality of the person’s response to the use or threat of force.”
Martino adds that the officer was performing his duties, and intervened to “prevent a continuation of the hostilities.”
The case has been closed with no criminal charges on the involved HRPS officer.
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