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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Alberta chief medical officer of health Dr. Deena Hinshaw reported 11 additional deaths over the past 24 hours. (photography by Chris Schwarz/Government of Alberta
Red Deer active COVID-19 cases drop slightly

Province reports 267 additional COVID-19 cases, 11 new deaths

On Monday, Feb. 22, Island Health listed Glacier View Secondary on 241 Beacher Drive in Courtenay as having a COVID-19 exposure Feb. 17 and 18. Black Press file photo
Red Deer sets new COVID-19 case record

There are now 565 active cases in Red Deer

The Vault Sports Pub re-opened for dine-in on Feb. 8, 2021. Leah Bousfield/ Rimbey Review.
Rimbey restaurants excited to be through second lockdown and re-open to dine-in

All say that the Rimbey community’s support was amazing during the difficult time.

Across the province, there are 2,738 active cases of COVID-19, with 18,417 recovered cases. There have been 288 deaths from the virus in Alberta since the beginning of the pandemic. (File photo)
Red Deer has 564 of central zone’s 766 active COVID-19 cases

Government of Alberta identifies 328 new COVID-19 cases Sunday

COVID
Red Deer up to 546 active cases of COVID-19

Province added 380 additional cases Saturday

Bookings for COVID-19 vaccines for people age 75 or older start Wednesday. (File photo by THE CANADIAN PRESS)
Updated: Delays for seniors booking for vaccine appointments

By 9:20 a.m. Wednesday, 4,500 seniors had booked their appointments

Black Press File Photo
Valentine’s Day shooting in Maskwacis leaves one male in hospital, one male in custody

19-year-old Francis Edward Nepoose from Maskwacis has been charged with attempted murder.

Red Deer Court of Queen’s Bench Justice Anne Kirker is expected to sentence Satnam Singh Sandhu on Friday. Red Deer Advocate file photo
Updated: Sylvan Lake man pleads guilty to manslaughter for strangling wife in 2019

Kulvinder Sandhu was strangled and died in hospital several days later

Sentencing delayed in the stabbing death of Samantha Sharpe, of Sunchild First Nation. (Red Deer Advocate file photo)
Central Alberta man not criminally responsible for killing his father in 2020: judge

Psychiatrist testified Nicholas Johnson was psychotic when he killed his father

The cover of “Hometown Asylum: A History and Memoir of Institutional Care.” (Submitted)
Ponoka-born author writes history of old mental hospital

“Hometown Asylum: A History and Memoir of Institutional Care” covers 1911 to 1971

Jacqueline Buffalo. (Photo submitted)
TikTok connects Indigenous women during pandemic

Maskwacis influencers share their stories

Todd Hirsch. (Image: screenshot)
ATB vice president gives financial forecast to Ponoka chamber

Predictions for reopening of the economy and recovery outlined

The 24/7 Integrated Response Hub is currently located in the Wetaskiwin Civic Building. Shaela Dansereau/ Pipestone Flyer.
Wetaskiwin business owners concerned over 24/7 Integrated Hub’s impact downtown

Downtown businesses have had loss of customers, threats, increased property damage and break-ins.

Meteor spotted over Edmonton, Alta., on Feb. 22, 2021 by several, who took to social media to share their surveillance camera captures. (@KixxAxe/Twitter)
VIDEO: Fireball meteor streaks across sky, spotted by early-morning risers in Alberta, B.C.

Videos of the quick streak of light flashing across the sky before 6:30 a.m. MST

Most Read