Trumbley and Pugh v. Metropolitan Toronto Police

Trumbley and Pugh v. Metropolitan Toronto Police

Section 11(d) of the Charter does not apply to police disciplinary proceedings under Regulation 791, R.R.O. 1980 because the proceedings are administrative in nature and do not involve criminal or penal consequences (no possibility of imprisonment); accordingly the disciplinary tribunal need not meet s.11(d) standards and there was no Charter breach.

Citation
[1987] 2 SCR 577
Parties
Appellant (applicant): Gordon Trumbley and Rodney Pugh; Respondent (respondents): Robert Fleming, Jack Ackroyd, Jack Marks, The Metropolitan Toronto Police Force; Intervener: Metropolitan Toronto Police Association; Intervener: Attorney General of Canada; Intervener: Attorney General for Ontario; Intervener: Attorney General of Quebec; Intervener: Attorney General for New Brunswick
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 November 1987
Procedural Posture
Appeal Under the Canadian Charter of Rights and Freedoms Arising From Police Disciplinary Proceedings / Supreme Court of Canada on Appeal From the Ontario Court of Appeal (originating Decision: Divisional Court Judicial Review Dismissal)
Outcome
Appeal dismissed; the first constitutional question answered in the negative (s.11(d) does not apply)
Legal Topics
Charter S.11(d), Police Disciplinary Proceedings, Independence and Impartiality of Tribunal, Regulation 791 R.r.o. 1980, Section 1 Justification
Source Language
English
Constitutional Law Administrative Law Employment/discipline Charter S.11(d) Police Disciplinary Proceedings Independence and Impartiality of Tribunal Regulation 791 R.r.o. 1980 Section 1 Justification

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Parties

Gordon Trumbley and Rodney Pugh

Appellant (applicant)

Robert Fleming, Jack Ackroyd, Jack Marks, The Metropolitan Toronto Police Force

Respondent (respondents)

Metropolitan Toronto Police Association

Intervener

Attorney General of Canada

Intervener

Attorney General for Ontario

Intervener

Attorney General of Quebec

Intervener

Attorney General for New Brunswick

Intervener

Procedural Posture

Appeal Under the Canadian Charter of Rights and Freedoms Arising From Police Disciplinary Proceedings / Supreme Court of Canada on Appeal From the Ontario Court of Appeal (originating Decision: Divisional Court Judicial Review Dismissal)

Legal Issues

  1. 1 Does s.11(d) of the Charter apply to police disciplinary proceedings under Regulation 791 R.R.O. 1980?
  2. 2 If s.11(d) applies, are the proceedings under Regulation 791 inconsistent with s.11(d)?
  3. 3 If inconsistent, can Regulation 791 be justified under s.1 of the Charter?

Ratio Decidendi

Section 11(d) of the Charter does not apply to police disciplinary proceedings under Regulation 791, R.R.O. 1980 because the proceedings are administrative in nature and do not involve criminal or penal consequences (no possibility of imprisonment); accordingly the disciplinary tribunal need not meet s.11(d) standards and there was no Charter breach.

Court Disposition

Appeal dismissed; the first constitutional question answered in the negative (s.11(d) does not apply)

Orders

  • Appeal dismissed