Wren v. Canada
T-2696-87
Strayer J.
26/11/92
13 pp.
Action for assault and false imprisonment -- Upon return from U.S.A. to buy gasoline, plaintiff stopped by RCMP at road block set up to catch drinking drivers -- RCMP officer issuing warning for vehicle infractions (licence partially obscured by commercial plate, non-functioning tail lights) -- Plaintiff refusing to produce driver's licence and registration as allegedly at home -- Although giving his name once, repeatedly refusing to spell it -- Plaintiff effectively agreed officer should arrest him as would not identify himself -- Officer placed hand firmly on plaintiff's upper arm to escort him to police car -- Plaintiff jerked arm out of officer's grip -- Officer attempted to put plaintiff in headlock -- Second officer grabbed plaintiff's pant leg, causing plaintiff and first officer to fall down -- Officer, who was taller and heavier, landed on top of plaintiff -- Officer applied pressure to his throat and threatened to "choke out" plaintiff if he did not cooperate -- Plaintiff indicated willingness to cooperate fairly quickly -- Upon refusing to sign fingerprint form at police station, plaintiff put in cell -- Also refused to sign form confirming effects surrendered -- Released next morning when someone who knew plaintiff picked him up and after signing fingerprint form and promise to appear -- Plaintiff alleging discomfort in neck, soreness and headache -- RCMP exercising authority as provincial peace officers -- At time it was offence under provincial law to drive improperly equipped vehicle and to refuse or fail to produce driver's licence or registration certificate when requested by peace officer to do so -- Arrest on intended charges under Motor Vehicle Act reasonable, particularly as plaintiff had just entered Canada without any identification papers -- In public interest to identify plaintiff -- Plaintiff acted unreasonably -- Officer applied too much force to plaintiff in seizing him by throat, given size difference, position (officer on top of plaintiff), and nearby back-up -- No reasonable apprehension of immediate danger -- Plaintiff insolent, obstructive and consciously testing system -- As no particulars provided, no special damages allowed -- As use of excessive force neither premeditated nor sustained, claim for punitive or aggravated damages dismissed -- $500 awarded as general damages for unnecessary discomfort and inconvenience -- Royal Canadian Mounted Police Act, R.S.C. 1970, c. R-9, s. 18 -- Police Act, R.S.B.C. 1979, c. 331, ss. 13, 16 -- Offence Act, R.S.B.C. 1979, c. 305, s. 122 -- Criminal Code, R.S.C. 1970, c. C-34, ss. 25, 450 (as am. by R.S.C. 1970 (2nd Supp.), c. 2, s. 5) -- Motor Vehicle Act, R.S.B.C. 1979, c. 288, ss. 64(1)(b) (as am. by S.B.C. 1980, c. 37, s. 23; 1985, c. 78, s. 9), 67 (as am. by S.B.C. 1982, c. 36, s. 13), 216 (as am. by S.B.C. 1983, c. 21, s. 10).