Legal Blog

Suing the Cops

Tuesday, October 09, 2007

The Supreme Court of Canada (SCC) is the highest court in the land. The SCC is faced with the daunting challenge of examining and deciding on some of the most complex legal issues that our country faces. The legal issues typically have profound consequences for all the parties involved and the standard set by the SCC is used by all in the legal profession.

Getting to the SCC is not easy. For the lawyers involved, regardless of whether they win or lose, the opportunity to appear at the SCC is a prestigious achievement. Of course, their clients probably just want some cash in their pocket.

As was the case of Hill v. Hamilton-Wentworth Regional Police Services Board (2007) issued last week by the SCC.

This case examined the issue of Plaintiffs being able to bring law suits against the police.

The SCC split 6-3 and allowed individuals to sue the police for improper investigation and or negligence. This Decision was the first time the SCC has actually described what remedies are available to Plaintiffs in a case against the police and the applicable legal tests.

Like always, the SCC Decision is long and complex. On the one hand the Decision is a breakthrough in allowing the tort of negligent investigation. On the other hand the Decision is unfortunate. At the end of the day Hill, the Plaintiff who had sued Hamilton-Wentworth Regional Police Services because he was wrongfully imprisoned for over 20 months got nothing and waited over 10 years for his day in court. By denying Hill any actually compensation, the SCC has set very high standards for when a Plaintiff can sue the police.

Chief Justice of the SCC described the events that led to the claim as an ?unfortunate series of events?.

It is likely that given the Decision of the SCC in Hill Plaintiffs will be reluctant to pursue legal action against the police.