The Supreme Court of Canada (“SCC”) made important strides in determining the scope of immunity for Crown prosecutors when dealing with third party interests. In Ontario (Attorney General) v Clark, 2021 SCC 18 [Clark], the SCC faced the claims of three police officers who sought vindication after several Crown attorneys allowed unsubstantiated claims of police […]
Tensions can run high during political demonstrations, and police are often deployed to monitor the situation and prevent an escalating conflict. In doing so, police have a common law power to arrest individuals when they believe an arrest may prevent a breach of the peace without the requirement that police believe that the person being […]
Introduction Often, the Supreme Court of Canada ("SCC") issues reasons for their decisions without writing a lengthy judgment of its own. It is easy to overlook these cases as unimportant and inconsequential, as the SCC itself simply adopted the decision of a lower court. The recent case R v Culotta, 2019 SCC 33 [R v […]
On January 12, the Supreme Court of Canada ("SCC") dismissed the Ottawa Police Service and civilian Mark Krupa’s application to appeal the Ontario Court of Appeal’s ("OCA") decision in Jacobs v Ottawa (Police Service) 2016 ONCA 345. By doing so, the SCC upheld the OCA’s decision that, under the Police Services Act RSO 1990, c […]
