In follow up to my previous article, I have been asked how do you know the difference between reasonable force and excessive force?”.

As talked about in last month’s news letter, your ability to used force in life threatening circumstances is defined under Section 27 of the Criminal Code as:

27. Every one is justified in using as much force as is reasonably necessary
(a) to prevent the commission of an offence
(i) for which, if it were committed, the person who committed it might be arrested without warrant, and
(ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or
(b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a).
Excessive force is defined in the Criminal Code under Section 26 as:

26. Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.

So what is excessive force?

People who worked in positions of authority such as police, ambulance, teachers, security guards and the military have an expectation that at some point they will likely be involved in a confrontation with another individual or group of individuals. These people have to gain control of the confrontational situation by a course of action chosen by them. They must consider all factors in their course of action at that time in that particular situation because afterward all of those factors will determine whether or not you acted appropriately.

Gaining control of a situation ranges from the mere presence of a person in authority (ie. the police standing outside the bars to prevent fights etc.) to use of tactical weapons to gain control (ie. deployment of tear gas on a rioting crowd). Force can encompass not only individuals but large groups responding to situations.






Read the two examples for further understanding

Example #1.

A suspect is under arrest at the police station. The policeman, the guard and the suspect are all standing in the cell block. The suspect has been cooperative up until this point where he begins to insult and spit at the officer and guard. The suspect is known to have the contagious disease Hepatitis C. The officer and guard push the prisoner to the ground face first to control the suspect’s ability to spit on them. The suspect is pinned to the ground by both officer and guard. The officer tells the male to stop spitting. The suspect becomes calm again short while later. More officers arrive to assist on the request of the officer over the radio. The suspect is escorted to a cell, the handcuffs removes and lodge for the night.

Was that reasonable?

Yes. The officer and guard determined the threat to be the possibility of being infected with Hepatitis C (a life threatening, non curable illness) which can be transferred through bodily fluid. Restraining the male in an appropriate position until calm and calling for addition officers helps reduce the need for higher physical intervention. The situation is place under control.

Example #2

A security guard is working at a skiing resort in the area. On his nightly patrols, he checks several bars for underage people. He approaches on table and spots a 18 year old male who admits to being underage but refuses to leave because it is almost his birthday and he wants to drink with his friends. The security guard asks him to leave. The male refuses and starts insulting the security guard. The security grabs the male by the arm and tries to escort him from the bar. The male jerks his arm away. The security begins to strike the male with his flashlight several times and breaks the male’s arm in the process.

Was that reasonable?

No. It is the security officer’s duty to take control of the situation by stopping the male from drinking in the bar while being underage. However the security guard forgot to take all of the factors into account and decide on other options before using force. He could have told the bartender to stop serving drinks to the entire table, called for back up as more officers may have neutralize the situation (strength in number), continued to try to convince the male to leave through persuasive talking, or contacted the police who can issue fines to him and his friends. A male who refused to do what the security guard said could be escorted from the bar with force by using arm bars or wrist locks if he continued to cause a disturbance in the restaurant. The level of force used by the security guard was too high and several steps were skipped (talking, gaining control of the environment etc). That officer will likely be charged for assault with a weapon (the flashlight) even though he thought he was doing his job. (this situation actually happened. The security guard was fired and charged with assault)
Excessive force is when you cross “the line”. Situations like using a weapon during a fist fight, kicking a male in the head on the ground when he is unconscious, or even pushing a doorman out of the way when they try to get into a nightclub without paying.

Each Jiu-Jitsu techniques provide us with options on how much force we will use and when we will stop. I do a mental “check” on each and every move I complete as I do my technique. I will stop a physical intervention in a violent situation when the situation becomes under my control. Also I am able to article (tell the story) on why I did intervene in a certain.

All of your actions will be scrutinized afterward. Use a common sense approach. Following the steps laid out in Yellow Belt knowledge (talk your way out, walk your way out, distract, strike high, kick low, locks, holds, takedowns, follow through, contact the authorities). Always use the lowest type of intervention possible as you may have to explain yourself in court.

Mike Wicentowich