The Ontario Divisional Court released its decision in D’Arthenay v. Ontario. The CCLA was an intervenor in the case. Shakir Rahim, Director of the Criminal Justice Program, said: “This ruling is a step forward for meaningful police accountability. Every person has a right to know and understand how a police complaint is treated. Where the police cause a civilian death, it is the bare minimum for the public to understand the reasons for not pursuing disciplinary action.”
In this case, an OPP vehicle struck and killed a pedestrian, and it was up to the Commissioner of the OPP to decide if the misconduct was of a serious nature, which would trigger potential discipline. The Commissioner concluded the misconduct was not serious, but did not explain why. The Court ruled this was unreasonable. Under the Police Services Act, a person who files a police complaint has a legitimate expectation of receiving reasons justifying why conduct is not “of a serious nature” when an officer causes a civilian death.
The CCLA is grateful to William McDowell and Alexa Jarvis of Lenzcner Slaght LLP for their excellent pro bono representation in this case.
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