Simon's Legal Resources

Prisons - Use of Force

. R. v. Gilmore-Bent

In R. v. Gilmore-Bent (Ont CA, 2025) the Ontario Court of Appeal dismissed a Crown criminal appeal, here from a Charter s.24(1) stay of proceedings granted after the trial judge found a correctional officer violated the defendant's "Charter rights by using excessive force against him when the officer gratuitously sprayed Mr. Gilmore-Bent with pepper spray while he was in custody awaiting trial".

Here the court comments on the appropriate use of pepper spray by correctional officers:

[8] I recognize and reinforce that correctional officers are entitled to deploy pepper spray when they reasonably believe that lawful force is necessary, and the use of the pepper spray constitutes only as much force as is necessary in the circumstances. The reasonableness of their actions must be judged with full appreciation of the dangerous circumstances they are in and with sensitivity to the reality that officers will often have to react quickly in stressful circumstances, without the benefit of reflection. I also reaffirm that perfection is not required. Correctional officers are entitled to be reasonably mistaken about the need to resort to force.