The accused was charged with assault with intent to resist arrest after biting an officer who attempted to arrest her for harassing customers at a restaurant.
The accused argued the arrest was unlawful under s. 495(2) of the Criminal Code and violated her s. 9 Charter rights because the officer did not specifically turn his mind to the statutory limitations on warrantless arrests.
The court found that, viewed objectively, the circumstances justified the arrest in the public interest to establish the accused's identity and ensure her attendance in court, as she was walking away and refusing to stop.
The Charter application was dismissed and a finding of guilt was entered.
