INTRODUCTION AND BRIEF DESCRIPTION
This section provides immunity from civil or criminal proceedings for peace officers or those assisting them in cases of injury or death caused by resistance during the performance of their duty.
SECTION WORDING
33(2) No civil or criminal proceedings lie against a peace officer or a person who is lawfully required by a peace officer to assist him in respect of any death or injury that by reason of resistance is caused as a result of the performance by the peace officer or that person of a duty that is imposed by subsection (1).
EXPLANATION
Section 33(2) of the Criminal Code of Canada provides immunity to law enforcement officers and anyone authorized by them, from civil or criminal proceedings in case of a death or injury that occurs while performing their duty as required by Section 33(1). The purpose of this section is to provide appropriate protection to law enforcement officers while executing their duties. Subsection (1) of Section 33 permits law enforcement officials to use force in carrying out their duties. This use of force may include physical restraint, using weapons, or any other appropriate means necessary to accomplish their lawful duties. However, during performing these duties, in rare cases, there may be resistance from an individual that results in an injury or death. In such cases, the law enforcement officials or authorized individuals may not be held liable for such incidents as long as their actions were within the scope of their duties. Overall, Section 33(2) serves as an ethical and legal protection against frivolous claims against law enforcement officials and authorized individuals for carrying out their duties as required by law, provided that the actions were carried out reasonably and proportionately. The inclusion of this section in the Criminal Code recognizes the importance of the role of law enforcement officials in maintaining public safety and order, as well as the need for appropriate safeguarding while on duty.
COMMENTARY
Section 33(2) of the Criminal Code of Canada establishes provisions to protect peace officers and others who assist them in the performance of their duties against liability for injuries or death that result from resistance during any police action. This provision aims to provide some level of protection to police officers who may be forced to use force to subdue a resisting suspect and ensure their compliance with the law, while also protecting those who assist the police to ensure public safety. The provision comes under subsection (1) of the same section, which provides lawful justification for the use of force in specific situations. According to subsection (1), police officers are justified in using force only when necessary and proportional to the threat faced. Additionally, officers must de-escalate the situation and use only reasonable force as opposed to excessive force. If the police exceed their authorized powers and use excessive force, then they are not protected by the provisions of subsection (2). Section 33(2) has been a subject of debate in Canada's criminal justice system for many years since it originated as a means of protection against liability for police and other law enforcement officials. The provision exempts such individuals from responsibility for any injury or death resulting from the justified use of force in situations where a suspect resists arrest or fights back. Several cases from past years have called into question the constitutionality of this provision and its potential for abuse by the police. Critics argue that Section 33(2) gives impunity to the police, who can use unreasonable force without fear of legal repercussions. Additionally, critics point out that this provision encourages the use of excessive force during arrests since officers are not obligated to report any physical injuries or deaths incurred during such actions; thus, it is difficult to know if the force was actually appropriate or not. However, supporters of the provision argue that police officers often face dangerous situations where they must act quickly and use force to protect themselves and citizens from danger. In such circumstances, officers need to know that they are protected from criminal or civil charges if they act reasonably and in accordance with the law. Currently, there is no consensus on whether Section 33(2) should be abolished or amended in any way. While some advocate for its repeal, the majority of Canadians support the existing provision and believe it is necessary to protect law enforcement officials in cases where force is legitimately required. In conclusion, Section 33(2) of the Criminal Code of Canada provides legal protection to police officers and others who assist them in the course of their duties. While this provision has its flaws, it is necessary to provide some level of protection to law enforcement officials who face danger in the line of duty. Nonetheless, it would be best to continue monitoring the provision and ensure that it is not being misused or abused, as this section touches on the delicate balance between protecting police officers and the public's safety.
STRATEGY
Section 33(2) of the Criminal Code of Canada offers legal protection to peace officers who are lawfully required to perform their duties and who may cause injury or death as a result of resistance. As such, it is important to consider how this section can affect strategies employed by individuals or organizations when dealing with the police or other law enforcement officials. One of the key strategic considerations when dealing with this section is to understand that it is a legal protection for peace officers, and any attempt to challenge a lawful use of force by a peace officer may be unsuccessful. As such, it is important to approach any interaction with law enforcement with caution and respect for their authority and to avoid any behavior that could be interpreted as resistance. In situations where use of force by the police is deemed excessive or unlawful, it may still be possible to pursue legal action against the individual officer or the police force in general. However, this can be a difficult and time-consuming process, and it may be more effective to pursue other avenues, such as filing a complaint with the police department or speaking to a lawyer about available options. Another strategic consideration when dealing with Section 33(2) is the importance of documenting any interactions with the police in order to provide a record of events. This can include taking notes on the time and location of the interaction, the names of the officers involved, and any injuries sustained or property damage incurred. In cases where excessive use of force is alleged, video recordings can also be valuable evidence. Finally, it is important to recognize that cooperation and respectful communication are often the most effective strategies when dealing with law enforcement officers. In situations where a conflict or misunderstanding arises, taking a conciliatory approach and calmly discussing the situation with the officer may help to defuse the situation and prevent escalation. In short, when dealing with Section 33(2) of the Criminal Code of Canada, it is important to approach interactions with law enforcement with caution, document any incidents, and prioritize respectful communication and cooperation in order to minimize the risk of injury or legal action.