Laying of Charges

• A man was admitted to a health care facility after having consumed a substantial amount of alcohol. The attending nurse found a bottle of liquor and what she believed to be a handgun among the man's personal effects. The RCMP was called when the man became very agitated and demanded the return of the liquor and the handgun. On arrival at the scene, an RCMP officer determined the handgun was, in fact, a loaded starting pistol. The man was arrested for possession of a weapon dangerous to the public peace, handcuffed and removed from the facility. The man alleged that the officer used excessive force in making the arrest and wrongfully charged him.

The CPC found the officer's actions in making the arrest were proper and there was no excessive use of force. With respect to the charge of possession of a weapon dangerous to the public peace, the crucial element in this offence is the purpose for which the accused has the weapon. The CPC found that the threatening and intimidating behaviour of the man while in possession of the starting pistol would allow the officer to reasonably conclude that the reason for possessing the weapon was to create a danger to the public peace. Accordingly, the officer's laying of the charge was reasonable and appropriate.