Are the police able to sue the Crown for negligence?
As a former in-house lawyer for the Metropolitan Police in
London, I am well aware of the importance of a strong, co-operative
relationship between police and the Crown. It is crucial for
information-sharing and ensuring a consistent approach to
prosecutions.
However, it can sometimes be a fraught relationship: although
co-dependent, police and prosecutors have their own priorities and
objectives. They often co-operate well, but errors or
miscommunications may prevent them from working together
effectively.
In the recent decisions of the Ontario Court of Appeal,
Clark v. Ontario (Attorney General)1 and
Smith v. Ontario (Attorney General)2, police
took issue with the Crown’s actions at different stages of
the criminal justice process, and commenced proceedings against the
Crown for negligence. These two decisions highlight the issue of
Crown immunity, which is generally difficult to challenge, and
poses the
