Province fails to block T.O. cops’ lawsuit

An Ontario Superior Court judge has rejected a request by the province to dismiss a lawsuit filed against it by three Toronto police officers who claim they were falsely accused of beating two armed robbery suspects.

“Crown attorneys do not have absolute immunity from civil claims other than claims for malicious prosecution and intentional non-disclosure,” wrote Justice David Stinson.

In dismissing the province’s request to throw out the lawsuit, the June 13 decision still narrows the legal action filed by the officers.

Stinson concluded there is no formal legal duty imposed on Crown attorneys to protect the reputation of police during a prosecution. As well, to succeed in court, they must show that the Crown intentionally acted in violation of their duties, knowing or being “recklessly indifferent” that the conduct would harm the officers’ reputation.

The fact that the lawsuit is being allowed to proceed, despite the very high legal bar in Canada to sue prosecutors, was welcomed by Michael Lacy, one of the lawyers for the officers. “It puts the Crown on notice that if their conduct is such that it is not consistent with their role, they may be liable for misfeasance in public office,” he said.

A spokesperson for the Ontario Ministry of the Attorney General noted the province was successful on whether the Crown normally has a legal duty to officers. As well, it has until June 28 to appeal the decision.

“As this matter is the subject of litigation, it would be inappropriate to comment further,” spokesperson Emilie Smith said.

The province can seek to appeal this ruling or continue with the normal process of discovery and exchange of legal documents in the lawsuit, which was filed last summer.

Sgt. Jamie Clark and Det.-Sgts. Steven Watts and Donald Belanger are seeking a total of $1.25 million in damages. They allege their reputations were harmed when the Crown stayed charges against one robbery suspect and the Ontario Court of Appeal overturned a conviction against the other. The basis was allegations that the experienced Toronto police officers beat the suspects, which the Crown conceded in court.

The officers always denied the allegations, and they were never called to testify at trial. The claims of beatings by the suspects were found to be unsubstantiated by a Toronto police professional standards unit, an OPP review of that probe and by the Special Investigations Unit.

None of the allegations in the civil action filed by the officers has been proven in court. The hearing before Stinson was whether there was a legal basis to allow the suit to continue, not to decide on any of the facts.