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| − | == ''Odhavji Estate v. Woodhouse'' ==
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| − | '''Facts'''
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| − | Plaintiff was shot while fleeing from a bank robbery, plaintiff’s family brought at trial (Ontario Court General Division):
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| − | # Action against police chief was allowed to proceed (tort of misfeasance in a public office)
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| − | # Action against Metropolitan Toronto Police Services Board was not (tort of misfeasance in a public office)
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| − | # Action against the Province of Ontario was not (tort of misfeasance in a public office) for failing to ensure police officers involved were segregated, provided case notes, clothing and blood samples, and attended interviews with the SIU.
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| − | Statement of claim alleges mental distress, anger, depression and anxiety as a consequence of the alleged misconduct, but the plaintiffs will have to prove at trial that the alleged misconduct caused anxiety or depression of sufficient magnitude to warrant compensation.
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| − | Defendants also brought motion to strike out Plaintiff's statement of claim based on ''Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 21.01(1)(b).'' (which was not successful)
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| − | '''Relevant Provisions<br />'''
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| − | Action against Chief<br />
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| − | Police Services Act s.41(1)(b):<br />
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| − | 41. (1) The duties of a chief of police include,<br />
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| − | (a) in the case of a municipal police force, administering the police force and overseeing its operation in accordance with the objectives, priorities and policies established by the board under subsection 31 (1);<br />
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| − | (b) ensuring that members of the police force carry out their duties in accordance with this Act and the regulations and in a manner that reflects the needs of the community, and that discipline is maintained in the police force;<br />
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| − | (c) ensuring that the police force provides community-oriented police services;<br />
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| − | (d) administering the complaints system in accordance with Part V. R.S.O. 1990, c. P.15, s. 41 (1); 1995, c. 4, s. 4 (8, 9); 1997, c. 8, s. 27.<br />
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| − | '''Action against Metropolitan Toronto Police Services Board:'''<br />
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| − | Police Services Act s.31(1):<br />
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| − | Responsibilities of boards<br />
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| − | 31. (1) A board is responsible for the provision of adequate and effective police services in the municipality and shall,<br />
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| − | (a) appoint the members of the municipal police force;<br />
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| − | (b) generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality;<br />
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| − | (c) establish policies for the effective management of the police force;<br />
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| − | (d) recruit and appoint the chief of police and any deputy chief of police, and annually determine their remuneration and working conditions, taking their submissions into account;<br />
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| − | (e) direct the chief of police and monitor his or her performance;<br />
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| − | (f) establish policies respecting the disclosure by chiefs of police of personal information about individuals;<br />
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| − | (g) receive regular reports from the chief of police on disclosures and decisions made under section 49 (secondary activities);<br />
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| − | (h) establish guidelines with respect to the indemnification of members of the police force for legal costs under section 50;<br />
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| − | (i) establish guidelines for dealing with complaints under Part V, subject to subsection (1.1);<br />
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| − | (j) review the chief of police’s administration of the complaints system under Part V and receive regular reports from the chief of police on his or her administration of the complaints system. R.S.O. 1990, c. P.15, s. 31 (1); 1995, c. 4, s. 4 (7); 1997, c. 8, s. 21 (1-3); 1997, c. 17, s. 8; 2007, c. 5, s. 9 (1).<br />
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| − | '''Issue(s)'''
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| − | '''Analysis'''
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| − | === Natural Law - St. Thomas Aquinas ===
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| − | Elements of Valid Law:
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| − | # Directed to Common Good - Order Imposed By Law
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| − | # Follow Practical Reason
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| − | # Must be Made by Valid Lawmaker
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| − | # Must be Promulgated
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| − | === Legal Positivism ===
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| − | ==== Classical Positivism - John Austin ====
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| − | Austin's Three Directives:
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| − | # God's law: "revealed" law; province of religion
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| − | # Positive morality: norms: manners, customs, club rules, international law, English constitutional law
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| − | # Has to be created in accordance with the rule of law making jurisdiction regarding the creation of law (pedigree test) (origin of the rule).
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| − | # Positive law: command, issued by superiors to subordinates, backed by sanctions
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| − | ==== Post WWII Positivism - HLA Hart ====
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| − | Hart Criteria:
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| − | # Primary rules (tell us what is what isn't permitted)
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| − | # Secondary rules (rules that allow us to change the rules, adjudicate disputes about the rules, or figure out what the rules are)
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| − | # Rule of recognition (rules must be recognized by officials, must be applied by officials, and the officials must believe that they ought to apply them)
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| − | Positivist view is that laws are human artifacts, not dependent on moral content for validity, BUT disobedience may be warranted when laws are immoral.
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| − | ==== Utilitarianism - Jeremy Bentham ====
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| − |
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| − | ==== Service Conception - Joseph Raz ====
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| − |
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| − | === Separation Thesis - HLA Hart ===
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| − |
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| − | === System of Rights ===
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| − |
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| − | === Liberty - Paternalism ===
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| − |
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| − | === Law as Efficiency ===
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| − |
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| − | === Feminist Jurisprudence ===
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| − |
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| − | === Critical Legal Studies Critical Race Theory ===
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