SCC imposes disclosure obligation on Crown with respect to police misconduct files

In a landmark decision, the Supreme Court of Canada held, in R. v. McNeil, 2009 SCC 3, that police disciplinary records relevant to a criminal case must be disclosed by the Crown to the accused. Justice Charron, for the entire Court, defined relevance to include "where the misconduct is either related to the investigation, or the finding of misconduct could reasonably impact on the case against the accused." The case also confirms the constitutional obligation on the police to disclose to the Crown all material pertaining to the investigation of the accused. For more on the case, visit theCourt.ca.

For decisions requiring production of police discipline records in human rights cases involving allegations of racial and sexual orientation discrimination against the police see: King v. Toronto Police Services Board, [2008] HRTO 33; and, Nassiah v. Peel Regional Police Services Board (No.1), [2006] HRTO 18.

Posted by Professor Tanovich