Michael T. Doi

The Canadian Civil Liberties Association brought a motion to intervene in an appeal concerning the retention and disclosure of police records by the Peel Regional Police Service.

The proposed intervener sought to raise new Charter issues regarding the police service's policies and practices.

The court dismissed the motion, finding that while the proposed intervener had relevant expertise, permitting the intervention would unfairly change the focus and scope of the proceedings, require a new evidentiary record, and prejudice the respondent given the proximity to the hearing date.

The appellant challenged the constitutionality of Ontario's ban on pit bulls under the Dog Owners' Liability Act, arguing the law was overbroad and vague under s. 7 of the Charter, and that a provision allowing a veterinarian's certificate as proof of breed violated the presumption of innocence under s. 11(d).

The application judge upheld the ban but struck down parts of the definition and the certificate provision.

On appeal, the Court of Appeal dismissed the appellant's appeal and allowed the Attorney General's cross-appeal, restoring the struck provisions.

The Court held the ban was not grossly disproportionate to the risk posed by pit bulls, the definition was not unconstitutionally vague, and the certificate provision did not create a mandatory presumption of guilt.