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The Federal Court struck Mr. Choi’s judicial review application for failure to exhaust the RCMP Act review process and awarded $500 in costs.
The Court of Appeal dismissed Martin Duhamel’s appeal, holding he lacked standing to challenge the IIO’s publication decision and showing no reviewable costs error.
The court granted a stage-one McNeil/O'Connor disclosure application in part, finding most requested records about former officer Rob Ferris were likely relevant.
The Court of Appeal found produced investigative reports and synopses sufficient for the second stage of a record-production application in Mr. Schirmer’s appeal.
The Federal Court found the RCMP Commissioner breached the duty to respond to a CRCC interim report “as soon as feasible” and held six months is the normal limit absent exceptional circumstances.
The Federal Court dismissed an application to extend time for judicial review, finding no reasonable explanation for the full delay and insufficient potential merit.
The court dismissed a judicial review of an immediate roadside driving prohibition, finding the officer had reasonable suspicion and the petition was an abuse of process.
The Director lacked authority—at common law and under the Police Services Act as then in force—to reopen and reconsider his decision to refer a retained investigation as a hearing referral under s.68(3); he was functus officio once that referral was made, so the December 10, 2015 reversal was unauthorized and must be set aside; the OIPRD Rules were later amended to permit reconsideration but that power did not exist at the time of the reversal.
Source excerpt
The Court of Appeal dismissed an appeal about witness officers’ duty to cooperate with the IIO, holding the IIO controls interview terms and pre-interview disclosure.
The Court of Appeal granted the Police Complaint Commissioner leave to intervene on a limited basis, confined to submissions on interpretation of s. 38.101 of the Police Act.
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