Top court to hear case exploring police use of force in Caledonia, Ont.

OTTAWA – The Supreme Court of Canada says it will hear a case involving a man who sued the Ontario Provincial Police and claimed permanent injury after a struggle in Caledonia, Ont. in 2009.

Randy Fleming says he was walking down a street with Canadian flags near lands occupied by Indigenous protesters with the intention of joining a counter-protest to the occupation of a development known as Douglas Creek Estates.

As officers spotted Fleming walking alone, police vehicles approached him, causing him to retreat on to disputed lands.

A struggle ensued after an officer moved on to the land and arrested Fleming.

A trial judge awarded damages including for false arrest, wrongful imprisonment and a breach of charter rights but a majority of the Ontario Court of Appeal set aside this judgment, ordering a new trial to determine whether excessive force was used during the arrest.

As per its custom the Supreme Court gave no reasons for the decision to hear the appeal.