George v. Royal Newfoundland Constabulary Public Complaints Commission, (2014) 360 Nfld. & P.E.I.R. 352 (NLTD(G))

• Judge: Stack, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: November 28, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 360 Nfld. & P.E.I.R. 352 (NLTD(G))

George v. Nfld. Const. (2014), 360 Nfld. & P.E.I.R. 352 (NLTD(G));

    1118 A.P.R. 352

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. DE.014

Charlie George (appellant) v. The Royal Newfoundland Constabulary Public Complaints Commission (respondent)

(201401G1718; 2014 NLTD(G) 147)

Indexed As: George v. Royal Newfoundland Constabulary Public Complaints Commission

Newfoundland and Labrador Supreme Court

Trial Division (General)

Stack, J.

December 2, 2014.

Summary:

George filed a complaint with the Royal Newfoundland Constabulary Public Complaints Commission alleging a longstanding conspiracy by unnamed members of the Royal Newfoundland Constabulary (RNC) to harass him and cause him to be evicted from various places of residence. The complaint also alleged that the RNC failed to investigate crimes committed against George, improperly disclosed information about his criminal record, and engaged in a cover-up of its wrongdoing. The Commissioner dismissed the complaint. George appealed.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the appeal.

Police - Topic 4071

Internal organization - Discipline of members - Bar - Abuse of process - George filed a complaint with the Royal Newfoundland Constabulary Public Complaints Commission alleging a longstanding conspiracy by unnamed members of the Royal Newfoundland Constabulary (RNC) to harass him and cause him to be evicted from various places of residence - The complaint also alleged that the RNC failed to investigate crimes committed against George, improperly disclosed information about his criminal record, and engaged in a cover-up of its wrongdoing - The Commissioner dismissed the complaint - In 2008, George had filed a similar complaint that had been thoroughly investigated and proven to be groundless - The Commissioner had advised George that it would not accept any further complaints alleging the existence of the claimed conspiracy - George appealed - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the appeal - The decision clearly and succinctly set out the reasons why George's complaint would not be acted upon by the Commissioner - George had not shown any rational basis on which to disturb the decision of the Commissioner not to further investigate George's complaint - The complaint was frivolous and vexatious.

Police - Topic 4288

Internal organization - Public Complaints Commission (incl. adjudicators and investigators) - Dismissal of complaint - Reasons - [See Police - Topic 4071 ].

Cases Noticed:

Morgan v. Royal Newfoundland Constabulary Public Complaints Commission (2012), 332 Nfld. & P.E.I.R. 24; 1030 A.P.R. 24; 2012 NLCA 74, refd to. [para. 12].

Allen v. Workplace Health, Safety and Compensation Review Division et al. (2014), 357 Nfld. & P.E.I.R. 1; 1109 A.P.R. 1; 2014 NLCA 42, refd to. [para. 14].

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 15].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 17].

Walsh v. Johnson et al. (2010), 293 Nfld. & P.E.I.R. 101; 906 A.P.R. 101; 2010 NLCA 6, refd to. [para. 27].

GRI Simulations Inc. v. Pro-Dive Oceaneering Co. et al. (2004), 243 Nfld. & P.E.I.R. 50; 721 A.P.R. 50; 2004 NLCA 74, refd to. [para. 28].

Counsel:

E. Charlie George, on his own behalf;

Kenneth Jerrett, for the Royal Newfoundland Constabulary Public Complaints Commission.

This application was heard at St. John's, N.L., on November 28, 2014, by Stack, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on December 2, 2014.