Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses Negligent Investigation.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
John Connelly sued the Toronto Police as a result of an investigation that the police conducted into his son’s suicide. Although the police had labelled the death a suicide, Mr. Connelly and his family disagreed and thought that there was foul play at issue.
Because they couldn’t persuade anyone to share their opinion of what had happened, they decided to try to persuade the police through a lawsuit for negligent investigation arguing that the police had been negligent in not investigating whether or not the suicide was in fact, something more nefarious.
The action against the Toronto Police was dismissed on summary judgement on the basis of the fact that there is no standing to sue for negligent investigation if you are the survivor of an investigation involving a deceased person.
The Supreme Court of Canada missed the opportunity here to make things fair for people who are desperate at the hands of police and how they conduct their investigations.
Watch the video for more.
This post clearly sets out a fundamental injustice as the Connelly family have experienced for over eighteen years. The negligence and stone-walling by the Toronto Police Service (as well as the Ontario Coroner’s Office) are blatantly obvious and provable in a court of law. Yet they could never get there. You have succinctly nailed the blatant gap in our judicial system that only the Supreme Court can close. Getting there has proved insurmountable.
Check out the Feb. 16th, 2020 update by @CBC_TheFifth Estate to see how this travesty was allowed to unfold the way it did.
I agree. Is there anything that we can do to help the Connolly family to make some change happen? Can we donate funds to help in some type of action?
There is ample evidence that the police were negligent of their duties in this case, something needs to happen to ensure that this doesn’t happen again.
JUSTICE DENIED IS NOT JUSTICE- POLICE POWER MUST HAVE A LIMIT>WHEN EVIDENCE IS IGNORED AND TAMPERED WITH AFTER THE FACT WHEN ENTERED AS EVIDENCE. A FAILURE TO INVESTIGATE BY POLICE IN A SUSPICIOUS DEATH IS WRONG.THE CASE MUST BE RE -OPENED FOR INVESTIGATION.
Shame x infinity the lack of protect and serve we are suppose to expect from public servants is being corrupted by laziness heartlessness and lack of character exhibited by so many people in power eroding the core our souls with the inhuman way of doing their jobs or busines
Why are the police stonewalling the Connellys? I have watched 5th estate (x2) and have researched as much as there is however I feel like it’s a one-sided view as i can find nothing on a police rebuttal to the many accusations made by the parents. The must be MORE that the news articles and tv programs aren’t showing. Either way, had the family been able to sue, this information would have come out in court. Did the family hire a private investigator? Is there any way the family can push for a full investigation- even at this late date?
Shame on the Toronto Police Department, the coroner’s office , and Canada’s justice system for allowing this travesty to occur and to stand. John and Gloria Connelly have been shabbily treated by all officials concerned and deserve better than this…and the deceased John Connelly definitely does. Someone got away with murder in this case, and no one seems to care except the parents.