 
ARE THE POLICE LIABLE FOR NEGLIGENT INVESTIGATION? In early November, the Supreme Court of Canada was confronted with the issue of whether the police can be ordered to pay damages for conducting a negligent investigation of an accused person. An aboriginal man in Hamilton was sentenced to 3 years in jail for having committed certain bank robberies in that area. But, in the course of the investigation, witnesses were asked to look at a line-up of photographs containing eleven pictures of Caucasian persons and only one of aboriginal descent. Disagreements among the judges in the lower courts propelled the case to the Supreme Court of Canada. Intervening on behalf of CCLA, Special Counsel Bradley Berg and Allison Thornton argued that the police owe a duty of care not only to victims but also to suspects. According to the CCLA lawyers, the police are not charged with suppressing crime at all costs but must discharge their duties in a manner that respects the rights of everyone, including suspects. Moreover, Berg and Thornton contended that the courts should not be inhibited by any concern that such a finding of liability would be likely to deter officers from being vigorous about their investigations. The lawyers pointed out that, in the greatest number of cases, police services boards, not individual officers, would be the ones bearing the costs of such action. Judgment is expected in 2007. | CCLA In The Schools | Join Us | Feedback | Search | Other Interesting Sites | Home |
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