The Supreme Court of Canada is seen at sunset in Ottawa on September 1, 2020. Canada's top court refused on Thursday to hear a case involving the limits of police oversight, prompting a renewed call for a misconduct hearing against a police officer a Black family accused of brutality. THE CANADIAN PRESS/Adrian Wyld

Supreme Court won’t hear police oversight case; Black family alleged brutality

Canada’s top court refused on Thursday to hear a case involving the limits of police oversight

Canada’s top court refused on Thursday to hear a case involving the limits of police oversight, prompting a renewed call for a misconduct hearing against a police officer a Black family accused of brutality.

At issue in the case was whether Ontario’s police watchdog had the power to review and reverse its own decision to refer a complaint to a disciplinary hearing.

The case involved allegations of excessive force by Toronto police after 19 officers smashed in the front door of the Stanley family home in 2014. The officers were acting on a tip about a firearm but none was found and no one was charged.

In March 2015, the Office of the Independent Review Director found evidence of “serious misconduct” against Const. Chris Howes for excessive force. Then-director Gerry McNeilly referred the matter to Toronto’s police chief for a disciplinary hearing.

However, a senior police officer complained that investigators had made a serious error in transcribing Howes’ statement. As a result, McNeilly reopened his office’s investigation without telling the family about the conversations with the officer before dismissing all allegations against Howes.

In its look at the case, Divisional Court rapped the watchdog for the secretive, back-channel chats with police. The court ordered a fresh investigation of the complaint, prompting the director to appeal.

In April last year, the Court of Appeal ruled McNeilly, who had resigned as director a year earlier, had no power to reconsider his initial referral. The Appeal Court also said Howes should face a disciplinary hearing but said the director had new powers to reconsider the referral.

The OIPRD had no immediate comment Thursday as to its next steps.

However, Selwyn Pieters, the family’s lawyer, called on the agency to “do the right thing” and order a misconduct hearing.

“I’m really disappointed in the posture that the OIPRD took in this case by compromising its independence and impartiality, and then running this thing up all the way to the Supreme Court,” Pieters said. “They fought them tooth and nail and lost.”

While the director now has the power to decide against a hearing, Pieters said the family will fight on if the agency makes that decision.

“If they do that, there’s going to be another judicial review,” Pieters said.

The case sparked controversy in Hong Kong in 2019 after McNeilly was appointed to advise the territory’s Independent Police Complaints Council. McNeilly later admitted he had not told the council about the controversy over his handling of the Stanley complaint.

He and others later resigned from the commission on the grounds it was toothless.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Just Posted

The City of Red Deer sits at 249 active cases of the virus, after hitting a peak of 565 active cases on Feb. 22. (Black Press file image)
Red Deer down to 119 active COVID-19 cases

Province identifies 179 new cases Saturday

Member Terry Parsons’ custom built track vehicle.
Forestburg’s Area 53 Racetrack gears up for action-packed season

Site will also host a portion of the ‘Miles of Mayhem’ event in July

Sabrina Wilde in front of a recently purchased monster truck. Submitted.
Thorsby business women a finalist for 2021 Alberta Women’s Entrepreneurship Award

Sabrina Wilde with Lone Wolf Mechanical is a finalist for the entrepreneurial award.

Grade 12 students at Wetaskiwin Composite High School took place in the annual water fight off school property on June 11, 2021. Shaela Dansereau/ Pipestone Flyer.
Graduating students in Wetaskiwin throw water fight after being told it could result in suspension

Students were told their participation could result in them being barred from graduation ceremonies.

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

As stories of the horrors of residential schools circulate after the Tk’emlups te Secwepemc First Nation announced it had located what are believed to be the remains of 215 children, Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs said he feels a connection with the former students. THE CANADIAN PRESS/Darryl Dyck
2 sides of the same coin: Ex-foster kids identify with residential school survivors

Grand Chief Stewart Phillip says the child welfare system takes Indigenous children from their families

Airport ground crew offload a plane carrying just under 300,000 doses of the single-shot Johnson & Johnson COVID-19 vaccine which is developed by the Janssen Pharmaceutical Companies at Pearson International Airport during the COVID-19 pandemic in Toronto on Wednesday, April 28, 2021. THE CANADIAN PRESS/Nathan Denette
1st batch of Johnson & Johnson vaccines won’t be released in Canada over quality concerns

The vaccines were quarantined in April before they were distributed to provinces

The arrest south of Winnipeg occurred before Bernier was to arrive at a protest in the city. (Twitter/Maxime Bernier)
Maxime Bernier arrested following anti-rules rallies in Manitoba: RCMP

He’s been charged with exceeding public gathering limits and violating Manitoba’s requirement to self-isolate

Prime Minister Justin Trudeau arrives for the G7 Summit, at the airport in Newquay, United Kingdom, Thursday, June 10, 2021. THE CANADIAN PRESS/Adrian Wyld
Details on Canada’s vaccine sharing plan coming Sunday, up to 100 million doses

Canada’s high commissioner to the UK says details will come after the G7 summit

Most Read