What is the test for battery and false imprisonment?

Alberta, Canada


The following excerpt is from Brandner v Alberta (Justice & Solicitor General), 2014 ABQB 211 (CanLII):

In the case of trespass to a person, the claimant is only required to prove a prima facie case and then the onus shifts to the defendants to justify their actions. For example, in the case of a false arrest, the claimant only needs to show that he was arrested. The defendants must then justify the arrest. Similarly, in battery, the claimant only needs to show that the defendants intentionally caused an offensive or harmful contact to occur. Once that is done, the onus moves to the defendants to prove that the force was legally justified. In the case of false imprisonment or detention, the claimant must prove that he was deprived of his liberty against his will and the deprivation was caused by the defendants. Mens rea, i.e. a guilty mind or wrongful purpose, is not an element of false imprisonment: Dix v. Canada (Attorney General), 2002 ABQB 580 para 575. At that point the onus again moves to the defendants.

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