Police Can Be Sued For Negligence Investigations

Recently the Supreme Court of Canada in a 6-3 ruling determined that police can be sued for negligent investigations.  The case involved a wrongly convicted Ontario man who was seeking damages from the Hamilton-Wentworth Regional Police Services Board arising from his wrongful arrest in January 1995 as a result of a poor investigation by the police which ultimately lead to his conviction and incarceration for 20 months.  His case made its way through the lower courts ultimately ending up in the Supreme Court of Canada.

Unfortunately for Mr. Hill the Supreme Court of Canada dismissed his appeal but in doing so it did recognize that in some circumstances the police can be sued for negligent investigations.  However, in order to successfully do so an individual must establish that the investigation undertaken by the police fell below the standard of care of a reasonable police officer in similar circumstances.  Additionally, in making that determination the Supreme Court recognized that due recognition to the discretion inherent in police investigations must be taken into consideration.  The court recognized that police officers may make minor errors or errors in judgment without breaching the standard of reasonable care.

As a result of this ruling it is anticipated that many police forces throughout Canada will be asking their provincial governments to enact legislation that will make them immune from what they anticipate will be a flurry of civil lawsuits arising from their investigations.  As to whether their lobbying in that regard will be successful remains to be seen.

To read the complete decision of Hill v. Hamilton-Wentworth Regional Police Services Board click on the link below.
http://scc.lexum.umontreal.ca/en/2007/2007scc41/2007scc41.html

For questions on any criminal law issues, contact Pushor Mitchell Partner Clarke Burnett at: burnett@pushormitchell.com or (250)869-1205