October 25, 2018 11:51 am
Updated: October 25, 2018 11:55 am

Supreme Court to hear case exploring police use of force in Caledonia, Ont. 

The Supreme Court of Canada is seen in Ottawa on Thursday, Oct. 11, 2018. The Supreme Court of Canada has granted appeal of a case involving a man who sued the Ontario Provincial Police and claimed permanent injury after a struggle ensued at Caledonia, Ont. in 2009.

THE CANADIAN PRESS / Justin Tang
A A

OTTAWA — The Supreme Court of Canada says it will hear a case involving a man who sued the Ontario Provincial Police and claimed permanent injury after a struggle in Caledonia, Ont. in 2009.

Randy Fleming says he was walking down a street with Canadian flags near lands occupied by Indigenous protesters with the intention of joining a counter-protest to the occupation of a development known as Douglas Creek Estates.

Story continues below

READ MORE: Hamilton lawyer faces charges for allegedly misappropriating funds in Caledonia class action

As officers spotted Fleming walking alone, police vehicles approached him, causing him to retreat on to disputed lands.

A struggle ensued after an officer moved on to the land and arrested Fleming.

A trial judge awarded damages including for false arrest, wrongful imprisonment and a breach of charter rights but a majority of the Ontario Court of Appeal set aside this judgment, ordering a new trial to determine whether excessive force was used during the arrest.

As per its custom the Supreme Court gave no reasons for the decision to hear the appeal.

© 2018 The Canadian Press

Report an error

Comments

Want to discuss? Please read our Commenting Policy first.