Marco Visentini

The applicant sought judicial review of two decisions by the Office of the Independent Police Review Director.

The Director had screened out a complaint regarding seized funds and confirmed a decision by the Hamilton Police Service not to proceed to a disciplinary hearing regarding allegations of excessive force.

The Divisional Court dismissed the application, finding that it lacked jurisdiction to set aside a criminal conviction or order the return of funds on judicial review, and that the Director's decisions were reasonable.

The applicants, comprising twelve female employees of the Hamilton Police Service, the Hamilton Police Services Board, and the Chief of Police, sought judicial review of a Hearing Officer's decision.

The Hearing Officer had quashed a Notice of Hearing containing twenty-four charges of police misconduct, including sexual harassment, against the respondent police officer due to a failure to serve the notice within the six-month statutory period.

The Divisional Court dismissed the applications, finding that none of the applicants had standing.

The court held that the female employees were barred by the Police Services Act from bringing a complaint against a fellow officer, and that binding appellate authority precluded the Chief of Police and the Police Services Board from seeking judicial review of a disciplinary decision they could not directly appeal.