The Open Law Journal
2008, 1 : 23-28Published online 2008 October 28. DOI: 10.2174/1874950X00801010023
Publisher ID: TOLAWJ-1-23
Civil Liability for Negligent Police Investigation: Canadian Developments
Saint Mary's University,
Halifax, Nova Scotia, Canada.
ABSTRACT
In October of 2007, the Supreme Court of Canada issued its ruling in Hill v. Hamilton-Wentworth Regional Police Services Board, a case in which the Court addressed the legitimacy of a tort for negligent police investigation. The holding by a majority of six Justices recognized the tort of negligent police investigation at Canadian law. As such, Canada is now one of the only common law countries to have recognized such a tort. This paper summarizes the case and addresses its implications for the Canadian law enforcement community.