Today Provincial Constable Nicholls attended Court in Collingwood, Ontario for sentencing in relation to the Court’s October 26, 2023 finding of guilt on the charge of assault causing bodily harm. Based on the sentencing submissions of Provincial Constable Nicholls counsel and the Crown the Court imposed a suspended sentence.

The OPPA can advise, on behalf of Provincial Constable Nicholls, that there is merit to an appeal, and one will be filed. The appeal will be based on the Court’s errors including but not limited to the following issues:

  • Incorrect application of s.25 of the Criminal Code by:

(a) determining that s. 25 requires a police officer to perceive a threat, as opposed to permitting use of force to affect the officer’s purpose regardless of the existence of a threat;

(b) improperly assessing the incident through the lens of the reasonableness of the complainant’s actions;

(c) failing to apply the requisite modified objective test to the assessment of the reasonableness of the officer’s actions;

  • An unreasonable finding as to the degree of force actually applied;
  • Incorrect assessment of whether there was a reasonable foreseeability of bodily harm;
  • Improper finding that the complainant’s injury was the product of an intentional application of force; and
  • A general misapprehension of the evidence.

The OPP Association will continue to support Provincial Constable Nicholls through the appeal and is optimistic that the outcome will be favourable.

John Cerasuolo – President, Ontario Provincial Police Association 

Media inquiries:
Scott Mills
Cell 647-449-2801