A bartender and bar manager was charged with assault causing bodily harm after forcibly removing an intoxicated patron from a licensed establishment.
The defendant pleaded self-defence under Criminal Code section 34, arguing that the patron had made escalating threats of violence, including a death threat, after being cut off from service and asked to leave.
The court found that the defendant held a reasonable belief that force was being threatened against him, that his response was proportionate in the circumstances, and that his actions were justified both under the self-defence provision and under the Liquor Licence Act, which permits the use of necessary force to remove non-compliant patrons.
The charge was dismissed.
