Police investigations

APPEAL WATCH: SCC to Determine the Use of Compelled Accident Statements in Korduner

The Supreme Court of Canada has granted leave to appeal the decision in R v Korduner, a split decision from the Alberta Court of Appeal that examines the extent of use immunity for statutorily compelled statements. In particular, the SCC may wish to examine whether a statement given by a motorist who has an honest and reasonably held belief that they are statutorily compelled can be used as the reasonable grounds necessary to compel an evidentiary breath test pursuant to s.320.28 of the Criminal Code.

Police Investigating Police in Romanic v Johnson

In this case, the Ontario Court of Appeal addresses a civil suit brought by a former policeman against the Niagara Regional Police Department (NRPD), several individual police officers and a former employee. The appellant alleged the torts of negligent investigation and malicious prosecution following the NRPD’s criminal investigation of the appellant.