GRIMSMO V. JONES, 2021 BCSC SAYS NOT UNTIL POLICE ACT PROCESSES
HAVE CONCLUDED
Overview:
Courts in British Columbia often describe the Police Act as dense
and complicated while at the same time recognizing the broad
discretion the legislature afforded the Police Complaint
Commissioner (PCC) over discipline procedures for police officers
throughout the province. The courts agree the legislature
established a comprehensive process for police oversight that
leaves very little room for court intervention except in certain
circumstances.
So when will a court intervene in disciplinary proceedings
against a police officer under the Police Act? For
example, can the court intervene to have a discipline authority
(DA) removed before the discipline proceeding runs its course? Can
the court intervene on the basis that a reasonable apprehension of
bias is said to exist against the police officer who is subject to
the discipline proceeding? These are the issues Madam Justice
