EditorSA国际影视传媒檚 note: This story contains sensitive subject matter.

A Rankin Inlet woman has successfully appealed her resisting arrest and simple assault convictions based on the way the treated her.

She was arrested on two separate occasions SA国际影视传媒� September 2018 and May 2019 SA国际影视传媒� after family members phoned the police to have her removed from her fatherSA国际影视传媒檚 home while she was intoxicated. In both instances, the woman was sitting on the front steps and not making a disturbance when the officers arrived.

Regardless, the police arrested her and took her to jail cells because she was intoxicated and SA国际影视传媒渢hey did not know what else to do with her,SA国际影视传媒� according to the court transcript.

The officers failed to inform the woman why she was being arrested, which turned out to be a charge of mischief. On the first occasion, they struggled with her to remove her clothes while in a jail cell. They didnSA国际影视传媒檛 ask her to remove her clothes for herself or explain why it was necessary. She resisted.

At one point during the struggle, the woman, while lying on the floor of the jail cell, kicked one of the two officers in the head. This resulted in a charge of assaulting a police officer.

The woman pleaded guilty to resisting arrest but told the court that she felt SA国际影视传媒渧ery uncomfortableSA国际影视传媒� while the officers forced her to obey orders in the jail cell, similar to times when sheSA国际影视传媒檇 been physically abused in the past.

SA国际影视传媒淚t made me feel so hopeless and very upsetting,SA国际影视传媒� she said.

The police sergeant involved in her first arrest testified that he was aware of the woman had suffered from abusive relationships.

On the second occasion, in May 2019, an officer arrived at the womanSA国际影视传媒檚 fatherSA国际影视传媒檚 house and told the woman she was under arrest. He commanded her to come down the front steps. When she didnSA国际影视传媒檛 immediately comply, he pulled her down by the arm. She consequently yelled and flailed her arms and legs, ripping the officerSA国际影视传媒檚 radio from his vest and swinging it around, according to the court transcript. The woman later kicked at the police while being placed in the back of the vehicle. That also brought about charges of assaulting a police officer.

Again, the Mounties didnSA国际影视传媒檛 tell the woman why she was being arrested.

Her lawyer argued that she was acting in self-defence on both occasions.

Although trial judge Susan Cooper found that the woman SA国际影视传媒減layed a significant roleSA国际影视传媒� in causing the officers to use force and she had the option to SA国际影视传媒渟imply stop struggling and fighting,SA国际影视传媒� during the September 2018 incident, the Crown later admitted that there should have been a deeper examination of whether the arrest was lawful in the first place.

In regards to the May 2019 episode, Cooper deemed the arrest unlawful because the officer lacked reasonable and probable grounds. While the woman was found not guilty of resisting arrest and assaulting the officers in this instance, the judge determined that she used too much force in attempting to SA国际影视传媒渄isengage and resist, and crossed over into an attempt to harm.SA国际影视传媒�

The judge decided instead that the accused was guilty of two counts of simple assault.

The Crown later conceded that new trials should be ordered in both cases.

The woman and her lawyer countered that she should be acquitted of all charges, alleging that the trial judge made errors of law.

Appeal judge Frederica Schutz agreed.

SA国际影视传媒淭he Crown is unable to prove beyond a reasonable doubt that the appellant was not acting in self-defence in respect of both incidents; nor are they able to prove that her actions were unreasonable in the sense of being an excessive response to the force being used against her by police.SA国际影视传媒�

Schutz determined on Oct. 12. SA国际影视传媒渋n both incidents, the police were trying to effect an unlawful arrest and were using physical force against her in doing so.SA国际影视传媒�

Without a lawful arrest, the appellant was entitled to resist, Schutz determined, adding that the officersSA国际影视传媒� search of the woman in the jail cell was SA国际影视传媒渃arried out in an unreasonably forceful manner.SA国际影视传媒�

SA国际影视传媒淚t cannot be said, in the circumstances, that the kick to the officerSA国际影视传媒檚 head in the course of the appellantSA国际影视传媒檚 resistance and struggle during this unlawful assault upon her was unreasonable, nor was it excessive,SA国际影视传媒� Schutz stated.

The judge also faulted the police for failing to communicate to the woman why she was being arrested.

Schutz quashed all of the womanSA国际影视传媒檚 convictions relating to both incidents and did not order a retrial.