Supreme Court of Canada - Decisions - Hill v. Hamilton-Wentworth Regional Police Services Board

  The Supreme Court of Canada released a landmark decision today on whether police can be sued for negligent investigation.  The Court held that like all other professionals, police also owe a minimum standard of care to suspects. 

This controversial decision provides potential remedies to police who investigate cases sloppily and thereby expose innocent people to prosecution wrongfully.  As the Court stated, the plaintiff must "establish a cause of action for negligent police investigation, the plaintiff must show that he or she suffered compensable damage and a causal connection to a breach of the standard of care owed to him or her.  Lawful pains and penalties imposed on a guilty person do not constitute compensable loss.  The limitation period for negligent investigation begins to run when the cause of action is complete and the harmful consequences result.  This occurs when it is clear that the suspect has suffered compensable harm."

Per McLachlin C.J. and Binnie, LeBel, Deschamps, Fish and Abella JJ.: The police are not immune from liability under the law of negligence and the tort of negligent investigation exists in Canada.  Police officers owe a duty of care to suspects.  Their conduct during an investigation should be measured against the standard of how a reasonable officer in like circumstances would have acted.  Police officers may be accountable for harm resulting to a suspect if they fail to meet this standard. In this case, the police officers’ conduct, considered in light of police practices at the time, meets the standard of a reasonable officer in similar circumstances and H’s claim in negligence is not made out. [3] [74] [77 ]

Supreme Court of Canada - Decisions - Hill v. Hamilton-Wentworth Regional Police Services Board