Ontario Civil

Administrative Law

Director obligated to file record of proceedings

Motion by complainant for order requiring Independent Police Review Director to file record of proceedings. Complainant was involved in incident with municipal police and provincial police. Complainant filed separate complaints against both police forces with director. Director concluded it did not have jurisdiction to deal with either matter due to absence of apparent breach of Police Services Act (Ont.) (“PSA”), or its Code of Conduct. Complainant commenced application for judicial review. Director took position that it was not obligated to file record of proceedings. Motion granted. Director had exercised statutory power of decision within meaning of s. 1 of Judicial Review Procedure Act (Ont.) (“JRPA”). Consequently, director was obligated to file record of proceedings pursuant to s. 10 of JRPA. Any member of public could make complaint against police force pursuant to s. 58 of PSA. Ability to make such complaint was statutory right. Director had corresponding statutory duty to review every complaint and determine whether it was about policies of or services provided by police. Director’s decision at that stage was to screen complaints out, not to screen complaints in.

Endicott v. Ontario (Director, Office of the Independent Police Review) (Nov. 2, 2012, Ont. S.C.J. (Div. Ct.), Kiteley J., File No. 42/12) 223 A.C.W.S. (3d) 742.

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