The appellant, a police officer, was convicted of obstructing justice under s. 139(2) of the Criminal Code for deliberately failing to gather evidence to lay an impaired driving charge against a fellow officer.
The appellant claimed he was exercising police discretion.
The trial judge rejected this explanation, finding the appellant acted out of favouritism.
The Court of Appeal upheld the conviction.
The Supreme Court of Canada dismissed the appeal, holding that while police possess discretion, it must be exercised honestly, transparently, and on valid grounds.
The trial judge's finding that the appellant acted with the specific intent to obstruct justice was reasonable and supported by the evidence.
