The appellant, a police officer, was convicted of assault and assault with a weapon after using excessive force against an intoxicated complainant during an arrest.
His appeal to the summary conviction appeal court was dismissed.
He sought leave to appeal to the Court of Appeal, arguing that the lower courts erred in their application of the justification defence under section 25(1) of the Criminal Code.
The Court of Appeal dismissed the application for leave, finding no error of law and concluding that the proposed appeal did not raise an unsettled question of law of public importance.
