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This book annotates the Police Services Act of Ontario, providing invaluable insight from the former Director of Ontario's Special Investigations Unit.
New in this Edition
Since the second edition of the Annotated Police Services Act of Ontario
was published in 2012, there have been both jurisprudential and statutory developments affecting the Police Services Act (P.S.A.)
. Significantly, there is now case law construing some provisions of new Part V which established the Office of the Independent Police Review Director on October 19, 2009.
Major cases decided over the last two years include:
- Wall v. Independent Police Review Director, 2013 ONSC 3312 the Divisional Court decided that if the Director decides not to deal with a complaint, he is required to give reasons and the six month period referred to in s. 60 is not a limitation period but a guideline. The exercise of discretion under this guideline requires a consideration of discoverability, and the reasonableness of the delay following the point at which the complainant knew or could reasonably have known the facts giving rise to the complaint;
- Penner v. Niagara Regional Police Services Board,  SCC 19 overturned a ruling by the Ontario Court of Appeal, and ruled that, while the doctrine of issue estoppel may apply to bar certain civil actions after a ruling in a parallel disciplinary decision, there are significant differences between the purpose and scope of the two proceedings. As a result, the Court ruled that the doctrine did not apply in the Penner scenario;
- Wood v. Schaeffer, 2013 SCC 71 ruled that officers involved in SIU investigations are prohibited from consulting with counsel before writing up their notes;
- Peel (Police) v. Ontario (Special Investigations Unit) , 2012 ONCA 292, the Ontario Court of Appeal decided that the SIU has jurisdiction both to investigate police officers who have subsequently retired and into allegations that pre-date the establishment of the Unit
Bill 34, the Security of Courts, Electricity Generating Facilities and Nuclear Facilities Act, 2012
, if passed, will add sections 138 to 144. These additional provisions will delineate the power that either municipal boards or the Ontario Provincial Police have to ensure court security.
Regulation 926 entitled 'Equipment and Use of Force' was amended on July 25, 2013 to include a section making acoustic hailing devices a use of force instrument.
Annotations throughout the Act are up to date to January 1, 2014.
- Practice Area:
- Criminal Law and Procedure
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