R. v. C. (C.M.)

Cory J. ‑‑ Even if it is assumed that the security clerk had no justification for touching C.M.C. on the arm the trial judge found that his response was unreasonable and excessive. There was evidence on which that finding could be properly based. The security clerk was a small young woman, only 5'1" in height. C.M.C. threatened, with obscenities to punch her in the mouth. She was afraid of C.M.C. and took the threat seriously. The threat, coupled with a gesture by C.M.C., was indeed excessive and unreasonable. There was no error made by the majority of the Court of Appeal and the appeal must be dismissed.