NCJ Number
88899
Date Published
Unknown
Length
0 pages
Annotation
This monograph examines the evolution of the offices of constable and peace officer in Canada and discusses current laws governing the police, with attention to the police constable's independence and vicarious liability for wrongdoing.
Abstract
A brief history of the constable's office under English common law notes that while the constable was charged with keeping the peace, the office gradually became subordinate to the justice of the peace and its legal authority obscured. The common law status of constable was adopted for the police in early Canada, but legislation enacted in the 18th and 19th centuries defined the status of the police in every Province. The summary of these developments emphasizes that such laws vary considerably, although the reform of policing legislation that began with the Ontario Police Act of 1964 has alleviated some problems. These reform years reflect an erosion of the traditional view that policing is primarily a local responsibility and a trend toward centralized control. The book discusses individual laws that currently govern police, including the Federal Royal Canadian Mounted Police Act and several municipal and provincial statutes. The common law status of constable and peace officer, with some modifications, remains the basis of the legal status of the police in most jurisdictions. However, modern courts have also defined the police officer as a person in authority in rulings about pretrial statements. The final chapter explores implications of this modern legal status for the external control and governance of the police and liability for police wrongdoing. Also discussed is the relationship between a constable and his superior officers regarding the junior's officer's right to pay charges or conduct investigations without interference. The author concludes that both statutory provisions and the courts have failed to address many important issues in this area. Over 100 references and a case index are provided.