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Police Services Act of Ontario: An Annotated Guide, Third Edition
ISBN/ISSN/Product Number: 978-0-88804-715-1
Product Type: Book
Number of Pages: Approximately 340 pages
Number of Volumes: 1 volume bound
Binding: softcover
Publication Date: 2014-02-18
Publisher: Canada Law Book
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Description

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 EditionSince 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, [2013] 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.
About the Author
Ian D. Scott was the Director of Ontario's Special Investigation Unit from October 2008 to October 2013. The SIU is the exclusive investigative agency for determining whether on-duty police officers will be charged with a criminal offence if they are involved in death or serious injury incidents or allegations of sexual assault. Before becoming the SIU's Director, he was involved in police oversight issues both as a prosecutor of police officers in the criminal justice system and internal disciplinary matters. He has lectured extensively and made submissions on behalf of the Ministry of the Attorney General and the SIU on oversight issues. In his last year as Director, he was also the president of the Canadian Association for Civilian Oversight of Law Enforcement. Ian has been a member of the Ontario bar since 1983. He is currently in private practice, as well as adjunct professor at Western Law School.
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