![]() ![]() Fleming to enter the DCE by driving close to him. There is a dispute between the majority and the dissenting judges about whether the police influenced Mr. Fleming not to enter the DCE and he did not comply. Fleming walking near the DCE holding a Canadian flag that he intended to raise as part of the protest. The force decided that a “buffer zone” would be needed in order to keep the opposing groups separated and to prevent any escalation of the conflict. On May 24, 2009, police became aware of a rally against the occupation of the DCE. Occasionally, these demonstrations escalated and became violent. In response, counter-protesters began hosting rallies and marches protesting the Six Nations’ assertion of jurisdiction over the DCE. Members of the Six Nations community believed the land was part of their territory and began occupying the land. The case has been granted leave to appeal to the Supreme Court of Canada, and represents an opportunity for the Supreme Court to clarify the bounds of the common law power of police to arrest people to prevent breaches of the peace, especially in cases where the person being arrested is not the person who caused, or would have caused, a breach of the peace.įleming v Ontario emerges from a longstanding dispute over claims of a parcel of land called the Douglas Creek Estates (“DCE”) situated near the territory of the Six Nations of the Grand River. 2(b) of the Charter when they arrested him. Fleming’s arrest was lawful and to what extent the police breached his rights under s. In its decision, the Court split on the question of whether Mr. In Fleming v Ontario, 2018 ONCA 160, the Court of Appeal for Ontario (“ONCA” or “the Court”) considered the scope of the common law ancillary police power to make an arrest to prevent a breach of the peace in the context of political demonstrations. In doing so, police have a common law power to arrest individuals when they believe an arrest may prevent a breach of the peace without the requirement that police believe that the person being arrested has, or is about to, commit a crime. Tensions can run high during political demonstrations, and police are often deployed to monitor the situation and prevent an escalating conflict. ![]()
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