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Difference between revisions of "Complaints Concerning Police Conduct (5:V)"
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Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 17:25, 29 August 2023
, 17:25, 29 August 2023→1. Criminal Proceedings
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The ''Criminal Code'' [''CC''] limits the criminal liability of public officers who, in the course of conducting investigations or law enforcement activities, commit acts or omissions that would otherwise constitute offences. Under sections 25.1 to 25.4 of the ''CC'', a public officer would be justified in committing an act or omission, or in directing another person to do so, that would otherwise constitute an offence, so long as the public officer (s 25.1(8)): | The ''Criminal Code'' [''CC''] limits the criminal liability of public officers who, in the course of conducting investigations or law enforcement activities, commit acts or omissions that would otherwise constitute offences. Under sections 25.1 to 25.4 of the ''CC'', a public officer would be justified in committing an act or omission, or in directing another person to do so, that would otherwise constitute an offence, so long as the public officer (s 25.1(8)): | ||
# Is investigating criminal activity or an offence under an Act of Parliament, or is enforcing an Act of Parliament; | |||
# Is designated as a public officer for the purposes of sections 25.2 to 25.4 by the competent authority (the Solicitor General of Canada in the case of RCMP officers; the provincial Minister responsible for policing in the case of police forces constituted under provincial laws); and | |||
# Believes on reasonable grounds that committing the act or omission, given the nature of the offence or criminal activity being investigated, is reasonable and proportional in the circumstances. | |||
In deciding whether the officer's act or omission is reasonable and proportional, and therefore justifiable, the courts will look at the nature of the act or omission, the nature of the investigation, and the reasonable availability of other means for carrying out the public officer’s law enforcement duties (s 25.1(8)(c)). | In deciding whether the officer's act or omission is reasonable and proportional, and therefore justifiable, the courts will look at the nature of the act or omission, the nature of the investigation, and the reasonable availability of other means for carrying out the public officer’s law enforcement duties (s 25.1(8)(c)). | ||
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Individuals should consult the ''Criminal Code'' (sections 25.1 to 25.4) for further details on the limited criminal liability of public officers. | Individuals should consult the ''Criminal Code'' (sections 25.1 to 25.4) for further details on the limited criminal liability of public officers. | ||
Typically speaking, the only time a police officer will be charged is either if an internal investigation is launched, or a police complaint is filed and during the course of that investigation charges are recommended. | Typically speaking, the only time a police officer will be charged is either if an internal investigation is launched, or a police complaint is filed and during the course of that investigation charges are recommended. | ||
=== 2. Civil Proceedings === | === 2. Civil Proceedings === | ||
