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The Supreme Court of Canada unanimously ruled on Friday that the police must transmit an expunged misconduct record to the prosecution if it is relevant in a criminal proceeding. Civil rights group welcomed the ruling, calling it a “big win for the rights of the accused and police accountability.”
Justice Sheila Martin, penning the unanimous ruling, held that an expungement provision in an internal police regulatory mechanism cannot outweigh the accused’s constitutional right to receive disclosure in a criminal proceeding. She found that police misconduct can be relevant in two ways: either to the criminal investigation or to an officer involved in the case, compromising the officer’s credibility and reliability at trial. Thus, the police must submit a police misconduct record, even if expunged, to the prosecution for the relevance assessment.
Martin rejected the police’s submission that officers’ privacy would automatically bar such disclosure. She reasoned that privacy interests play a role in the disclosure decision. The prosecution must balance the rights of the officer and the accused. Redactions could mitigate such concerns when appropriate.
The court concluded that the police’s role is triage and transmission of evidence to the prosecution in criminal proceedings. As the prosecution bears the disclosure duty–a decision subject to judicial review–the final authority on what to disclose must rest with the prosecution, not the police.
The British Columbia Civil Liberties Association welcomed the decision, contending that the broad police powers require a heightened standard of accountability. Vibert Jack, its litigation director, added: “Instead of sweeping past misconduct under the rug, police forces will have to take meaningful action to reform their accountability measures.”
Since 1991, the court has affirmed that the right to a fair trial and procedural fundamental justice entails a right to receive full disclosure. This constitutional right obliges the prosecution to inquire if other government departments possess information relevant to a trial. The prosecution must disclose all relevant information to an accused, even if the case does not rely on it.
The case concerns Alberta’s now-repealed Police Service Regulation. Section 22 provided for the removal and destruction of a police disciplinary record after five years. The police department argued that the removal puts the record outside the scope of disclosure. Two lower courts ordered disclosure; the police department appealed to the high court.
The Police Conduct and Oversight Regulation replaces the repealed regulation; it contains an equivalent expungement provision. The replacement is part of the province’s broader overhaul of law enforcement. One major change is the establishment of the Alberta Sheriffs Police Service (ASPS), a law enforcement agency that operates alongside the federal Royal Canadian Mounted Police (RCMP). Premier Danielle Smith said it does not intend to replace the RCMP but to fill the enforcement gap with civilian oversight. On the other hand, the National Police Federation objected to the ASPS establishment, citing that among Albertan residents, 76 percent were content with the RCMP, and 81 percent believed there were more important priorities to address. It also raised concerns about transparency and economic sustainability.
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Justice Sheila Martin, penning the unanimous ruling, held that an expungement provision in an internal police regulatory mechanism cannot outweigh the accused’s constitutional right to receive disclosure in a criminal proceeding. She found that police misconduct can be relevant in two ways: either to the criminal investigation or to an officer involved in the case, compromising the officer’s credibility and reliability at trial. Thus, the police must submit a police misconduct record, even if expunged, to the prosecution for the relevance assessment.
Martin rejected the police’s submission that officers’ privacy would automatically bar such disclosure. She reasoned that privacy interests play a role in the disclosure decision. The prosecution must balance the rights of the officer and the accused. Redactions could mitigate such concerns when appropriate.
The court concluded that the police’s role is triage and transmission of evidence to the prosecution in criminal proceedings. As the prosecution bears the disclosure duty–a decision subject to judicial review–the final authority on what to disclose must rest with the prosecution, not the police.
The British Columbia Civil Liberties Association welcomed the decision, contending that the broad police powers require a heightened standard of accountability. Vibert Jack, its litigation director, added: “Instead of sweeping past misconduct under the rug, police forces will have to take meaningful action to reform their accountability measures.”
Since 1991, the court has affirmed that the right to a fair trial and procedural fundamental justice entails a right to receive full disclosure. This constitutional right obliges the prosecution to inquire if other government departments possess information relevant to a trial. The prosecution must disclose all relevant information to an accused, even if the case does not rely on it.
The case concerns Alberta’s now-repealed Police Service Regulation. Section 22 provided for the removal and destruction of a police disciplinary record after five years. The police department argued that the removal puts the record outside the scope of disclosure. Two lower courts ordered disclosure; the police department appealed to the high court.
The Police Conduct and Oversight Regulation replaces the repealed regulation; it contains an equivalent expungement provision. The replacement is part of the province’s broader overhaul of law enforcement. One major change is the establishment of the Alberta Sheriffs Police Service (ASPS), a law enforcement agency that operates alongside the federal Royal Canadian Mounted Police (RCMP). Premier Danielle Smith said it does not intend to replace the RCMP but to fill the enforcement gap with civilian oversight. On the other hand, the National Police Federation objected to the ASPS establishment, citing that among Albertan residents, 76 percent were content with the RCMP, and 81 percent believed there were more important priorities to address. It also raised concerns about transparency and economic sustainability.
The post Canada high court requires disclosure of expunged police misconduct record in criminal proceedings appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.