Police Complaint Commissioner (B.C.) v. Daniel, 2000 BCSC 7

• Judge: Scarth, J.
• Court: Supreme Court of British Columbia (Canada)
• Case Date: May 13, 1999
• Jurisdiction: British Columbia
• Citations: 2000 BCSC 7;(2000), 27 B.C.T.C. 281 (SC)

Police Complaint Commr. v. Daniel (2000), 27 B.C.T.C. 281 (SC)

MLB headnote and full text

Temp. Cite: [2000] B.C.T.C. TBEd. JA.107

Police Complaint Commissioner (petitioner) v. Chief Constable N.B. (Barry) Daniel (respondent)

(99-2000; 2000 BCSC 7)

Indexed As: Police Complaint Commissioner (B.C.) v. Daniel

British Columbia Supreme Court

Victoria

Scarth, J.

January 5, 2000.

Summary:

A police constable was arrested and charged with shoplifting. The chief of police assigned an investigator to conduct an inter­nal investigation. The investigator recom­mended the constable's dismissal. The disci­pline charge was adjourned pending disposi­tion of the criminal charges. After the Police Act was amended, the constable applied to the police complaint commissioner to have the discipline charge recharacterized as a public trust complaint instead of an internal discipline complaint. The police complaint commissioner sought production of the records relating to the allegations of miscon­duct against the constable and against another constable who was under investiga­tion for alleged neglect of duty. The chief of police denied that the police complaint commissioner had jurisdiction to deal with the matters.

The British Columbia Supreme Court held that the police complaint commissioner was empowered under the Police Act to require the chief of police to produce the records.

Police - Topic 4285

Internal organization - Public Complaints Commissions (incl. investigators) - Juris­diction - See paragraphs 6 to 61.

Cases Noticed:

Bell Canada v. Canadian Radio-Television and Telecommunications Commission, [1989] 1 S.C.R. 1722; 97 N.R. 15; 60 D.L.R.(4th) 682, refd to. [para. 20].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 20].

Union Gas Ltd. v. Dawn (Township) (1977), 76 D.L.R.(3d) 613 (Ont. Div. Ct.), refd to. [para. 20].

Parker, Re (1999), 126 B.C.A.C. 1; 206 W.A.C. 1 (C.A.), refd to. [para. 20].

Carpenter v. Vancouver Police Board et al. (1985), 18 D.L.R.(4th) 585 (B.C.C.A.), refd to. [para. 20].

Statutes Noticed:

Police Act, R.S.B.C. 1996, c. 367, sect. 50(5) [para. 7]; sect. 46 [paras. 31, 34, 35, 36]; sect. 52(1), sect. 52(2), sect. 52(4) [para. 32]; sect. 52(7) [para. 41]; sect. 52(8) [para. 32]; sect. 52.1 [para. 41]; sect. 55(3) [para. 51]; sect. 64 [para. 44]; sect. 64(6) [para. 8].

Police Amendment Act, S.B.C. 1997, c. 37, sect. 47(1) [para. 28]; sect. 47(2) [para. 27].

Counsel:

Steven M. Kelliher, for the petitioner;

Rodrick H. MacKenzie, for the respondent;

Paul Ceyssens, for Constable Gary Emmerson;

W. Wayne Norris, for Constable Winston Keith Forrest.

This application was heard in Chambers at Victoria, British Columbia, on May 13, 1999, by Scarth, J., of the British Columbia Supreme Court, with further written sub­missions dated August 10, 12 and 13, 1999. On January 5, 2000, Scarth, J., released the following judgment.