Use of force to suppress riot
32 (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds,
(a) is necessary to suppress a riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
Person bound by military law
(2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful.
Obeying order of peace officer
(3) Every one is justified in obeying an order of a peace officer to use force to suppress a riot if
(a) he acts in good faith; and
(b) the order is not manifestly unlawful.
Apprehension of serious mischief
(4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds,
(a) is necessary to suppress the riot; and
(b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot.
Question of law
(5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law.
Annotations
- Part I