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Landmark Decision Allows Witness to Complain

 

Despite a statutory prohibition against third-party complaints, the Ontario Superior Court has ruled that witnesses to alleged police misconduct should be allowed to file formal complaints.

The case arose after Ontario resident Roger Rolfe claimed to see a police officer slam a passive woman to the ground, causing her to bleed. Rolfe attempted to file a complaint with the police and then appealed to the Ontario Civilian Commission on Police Services. But he was rebuffed as not being "directly affected" by the police conduct. CCLA helped Rolfe appeal the denial.

In what the Toronto Star called a "landmark decision," the Superior Court ordered Toronto police to investigate Rolfe's complaint. Earlier in the year, former Superior Court justice Patrick LeSage reviewed the Ontario police complaints system and recommended that the province allow for such "third-party" complaints.

Crawford Smith of Torys LLP represented CCLA in the case. The government has said it will appeal the decision.



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