The applicant sought judicial review of a decision by the Chief of Police dismissing her complaint against certain police officers as unsubstantiated, based on an investigative report.
Before the independent review of the decision could be completed, the subject officers resigned, causing the review to be halted pursuant to section 90 of the Police Services Act.
The Divisional Court dismissed the application as premature, noting that the complaint process is held in abeyance for five years and could resume if the officers are re-employed.
The court also held that statutory secrecy provisions prevent the investigative report from being used against the applicant in other civil proceedings.