Civil liability for negligent police investigation: Canadian developments

Abstract

In October of 2007, the Supreme Court of Canada issued its ruling in Hill v. Hamilton-Wentworth Regional Police Services Board, a case in which the Court addressed the legitimacy of a tort for negligent police investigation. The holding by a majority of six Justices recognized the tort of negligent police investigation at Canadian law. As such, Canada is now one of the only common law countries to have recognized such a tort. This paper summarizes the case and addresses its implications for the Canadian law enforcement community.