R. v. Cyr (R.), (1991) 138 N.B.R.(2d) 252 (PC)

• Judge: Pérusse, J.
• Court: Provincial Court of New Brunswick (Canada)
• Case Date: June 18, 1991
• Jurisdiction: New Brunswick
• Citations: (1991), 138 N.B.R.(2d) 252 (PC)

R. v. Cyr (R.) (1991), 138 N.B.R.(2d) 252 (PC);

    138 R.N.-B.(2e) 252; 354 A.P.R. 252

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty The Queen v. Robert Cyr

Indexed As: R. v. Cyr (R.)

New Brunswick Provincial Court

Pérusse, J.

June 18, 1991.

Summary:

A teacher was charged with assault fol­lowing a clash with a defiant student.

The New Brunswick Provincial Court acquitted the teacher.

Criminal Law - Topic 1421

Assaults - Defence - Child correction - A teacher refused to change a mark given to a student's work - The teacher asked the student to return to his seat - The student became defiant - He made some arrogant remarks and swore - The teacher got up from his desk, took the student by the arm to escort him, some said, to his seat, while others said to the door - The student resisted - The teacher used force, includ­ing a headlock, in his attempt to expel the student from the classroom - Blows were exchanged - Other students separated the antagonists - The teacher was charged with assault - He pleaded that he used reasonable force in the circumstances - The New Brunswick Provincial Court acquitted the teacher.

Education - Topic 5230

Students - Student correction - Use of reasonable force by teacher - [See Crimi­nal Law - Topic 1421 ].

Cases Noticed:

R. v. Metcalfe, [1927] 3 W.W.R. 194; 49 C.C.C. 260 (Sask. Dist. Ct.), refd to. [para. 2].

R. v. Imbeault (1977), 17 N.B.R.(2d) 234; 23 A.P.R. 234 (Co. Ct.), refd to. [para. 2].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 37 [para. 3]; sect. 37(1) [par. 10]; sect. 43 [para. 3]; sect. 175 [para. 12]; sect. 266(b) [para. 1].

Counsel:

Marc D'Amours, for the Crown;

Richard Bell, for the accused.

This case was heard at Edmundston, New Brunswick, by Pérusse, J., of the Provincial Court of New Brunswick.

The following decision was rendered by Pérusse, J., on June 18, 1991.