5,484
edits
Difference between revisions of "Complaints Concerning Police Conduct (5:V)"
From Clicklaw Wikibooks
Complaints Concerning Police Conduct (5:V) (view source)
Revision as of 22:46, 17 May 2016
, 22:46, 17 May 2016→2. Civil Proceedings
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 187: | Line 187: | ||
'''NOTE:''' Even if the 60 day limitation period has expired, a complainant should still send a letter of intent to the Clerk. If the municipality was provided with notice shortly after the 60 day period expired, it will be more difficult for them to argue that they were prejudiced by the failure to send the notice letter within 60 days. | '''NOTE:''' Even if the 60 day limitation period has expired, a complainant should still send a letter of intent to the Clerk. If the municipality was provided with notice shortly after the 60 day period expired, it will be more difficult for them to argue that they were prejudiced by the failure to send the notice letter within 60 days. | ||
'''NOTE:''' If a municipal government or Minister of Justice is willing to accept liability on behalf of its officers where liability is proven, they may ask that the individual officers’ | '''NOTE:''' If a municipal government or Minister of Justice is willing to accept liability on behalf of its officers where liability is proven, they may ask that the individual officers’ names to be removed from the lawsuit. While there may be reasons to keep the individual officers on the lawsuit, if the court finds they were left on unnecessarily, costs may be awarded against the client. | ||
Both municipal police and RCMP officers are partially immune from civil liability under subsection 21(2) of the ''Police Act''. However, paragraph 21(3)(a) provides that this defence does not apply if the police officer has “been guilty of dishonesty, gross negligence or malicious or wilful misconduct”. In ''Ward v British Columbia'', 2010 SCC 27, it was held that intentional torts do not qualify as wilful misconduct for the purposes of subparagraph 21(3)(a). As a result of this, it is even more important to make sure the case starts within 6 months. Please be sure to read the paragraph about civil proceedings if the client is considering suing the police because special limitation periods apply. | |||
For detailed step-by-step information on suing the police (as well as private security guards), please see David Eby & Emily Rix, ''How to Sue the Police and Private Security in Small Claims Court'' (Vancouver: Pivot Legal Society, 2007). | |||
