Police

SCC Decision: October 4, 2007

Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41
Click here to link to the full judgment.
(Negligence / Police Investigation / Negligent Investigation)
After acquittal at a second trial for robbery, H sued the police for negligence.  Among other things, H alleged that the police identification process was flawed.  The Court dismissed H's claim, but accepted that the tort of negligent investigation exists in Canadian law.  There is a sufficient relationship between a suspect and the police to justify this tort.  No policy reasons negative the duty of care.  The standard of care is a flexible one, to be assessed based on common policing practices when the investigation was under way.
Majority/Dissent on cross-appeal: 6/3

SCC decision: January 31, 2007

R. v. Beaudry, 2007 SCC 5

Click here for link to the full judgment. 

(Appeals / police discretion / obstruction of justice / unreasonable verdict)

Beaudry is a police officer, who was convicted of obstructing justice for failing to gather evidence against another police officer suspected of driving while intoxicated.   The majority found that the verdict was reasonable and dismissed the appeal.
Majority/Concurring/Dissent: 4/1/4

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