R. v. Gunther (S.O.), (2014) 437 Sask.R. 318 (PC)

• Judge: Jackson, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: February 28, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 437 Sask.R. 318 (PC);2014 SKPC 49

R. v. Gunther (S.O.) (2014), 437 Sask.R. 318 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. MR.021

Her Majesty the Queen v. Shawn Oliver Gunther

(Information No. 24038580; 2014 SKPC 49)

Indexed As: R. v. Gunther (S.O.)

Saskatchewan Provincial Court

Jackson, P.C.J.

February 28, 2014.

Summary:

The accused applied for Charter relief, alleging breaches of his ss. 7 and 12 Charter rights arising from his encounter with the RCMP on March 25, 2012. At issue was whether the two arresting RCMP officers employed unnecessary and excessive force when effecting the arrest of the accused for impaired care or control of his motor vehicle.

The Saskatchewan Provincial Court dismissed the application.

Civil Rights - Topic 1410.3

Security of the person - Law enforcement - Excessive force - [See Police - Topic 3065 ].

Civil Rights - Topic 3840.5

Cruel and unusual treatment or punishment - What constitutes cruel and unusual treatment or punishment - Excessive force by police - [See Police - Topic 3065 ].

Police - Topic 3065

Powers - Arrest and detention - Use of excessive force - The accused applied for Charter relief alleging breaches of his s. 7 and s. 12 Charter rights, arising from his encounter with the RCMP on March 25, 2012 - At issue was whether the two arresting RCMP officers employed unnecessary and excessive force when effecting the arrest of the accused for impaired care or control of his motor vehicle - The nature and extent of that force could be summarized as follows: take down to the ground; finger pressure under the chin; finger pressure to the eye (extent of which caused bruising and swelling); two knee strikes to the ribs; two punches to the face; and pepper spray to the face - The Saskatchewan Provincial Court dismissed the application - The accused was the author of his own misfortune - The court stated that "Even if he thought he was 'doing nothing wrong' he certainly knew he was under arrest and that the police required him to go with them. The degree and severity of his injuries could have been greatly ameliorated, if not avoided entirely, had he simply acted in a rational manner and chosen to cooperate, if not at the outset, then certainly when it became apparent the police were prepared to use physical force and pain compliance to carry out their duties. In the result, the accused has failed to establish any Charter breaches concerning the conduct of the police on these facts in effecting the lawful arrest upon him".

Counsel:

B. Bauer, Q.C., for the Crown;

R. Piché, for the accused.

This application was heard at Humboldt, Saskatchewan, before Jackson, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on February 28, 2014.