A LIMIT ON POLICE POWERS – The police have no authority to arrest an individual who is acting lawfully in order to prevent an apprehended breach of the peace. This is of particular importance in the context of public demonstrations. No more “kettling” or mass arrests at lawful protests.

The Supreme Court of Canada released its decision in Fleming v Ontario, on October 4, 2019. The decision was unanimous, with Côté J. writing for the Court. The case is about common law police powers of arrest. In arresting Mr. Fleming (the Appellant), the Respondent Attorney-General of Ontario and police officers argued that they had made use of an ancillary common law police power authorizing the arrest of an individual who was acting lawfully in order to prevent an apprehended breach of the peace.

Source: The Supreme Court of Canada Holds that the Common Law Does Not Empower the Police to Arrest a Person Who is Acting Lawfully