Date: 20010427
Docket: A-10-00
Neutral citation: 2001 FCA 128
CORAM: ISAAC J.A.
SEXTON J.A.
MALONE J.A.
BETWEEN:
ROSE A. BECKFORD STEWART
Appellant
(Plaintiff)
- and -
THE ATTORNEY GENERAL OF CANADA
on behalf of HER MAJESTY THE QUEEN
Respondent
(Defendant)
Heard at Toronto, Ontario, Friday, April 27, 2001
Judgment delivered at Ottawa, Ontario
on Friday, April 27, 2001
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.
Date: 20010427
Docket: A-10-00
Neutral citation: 2001 FCA 128
CORAM: ISAAC J.A.
SEXTON J.A.
MALONE J.A.
BETWEEN:
ROSE A. BECKFORD STEWART
Appellant
(Plaintiff)
- and -
THE ATTORNEY GENERAL OF CANADA
on behalf of HER MAJESTY THE QUEEN
Respondent
(Defendant)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Friday, April 27, 2001)
MALONE J.A.
The question of whether excessive force was used must be decided on the evidence presented. The Trial Judge is in the best position to make that determination having heard the evidence first hand and having observed the demeanour of the witnesses.
We have not been persuaded that the learned Trial Judge made any legal errors in respect of which this Court should interfere. While we may have reached a different conclusion, we are satisfied that the Trial Judge considered the necessary factors in reaching her conclusion that the three officers did not use excessive force in the arrest of Ms. Stewart.
Nor are any of the Trial Judge's findings reversible as no palpable or overriding factual errors have been identified.
We would dismiss the appeal with costs.
"B. Malone"
J.A.
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