Claims Against Police
Traditional claims against police include actions for false imprisonment, wrongful arrest and excessive use of force. But the justice system is not always fair and those involved in the system can make mistakes. The Supreme Court of Canada recently recognized the tort of negligent investigation. In some circumstances, people are charged with crimes when there exist no reasonable or probable grounds. Witnesses may lie. Detectives may conduct inadequate investigations relying on flawed forensic evidence. Prosecutors may have tunnel vision. Even if the charges are ultimately withdrawn by the Crown Attorney the damage may already have been done. Lives can be destroyed and reputations ruined when charges appear in the newspaper or on television. In some cases, we can recover damages for the non-physical injuries suffered by the innocent party as well as recovery special damages including costs incurred to hire a criminal defence lawyer.