The Commissioner of the Ontario Provincial Police applied for judicial review of a decision by the Independent Police Review Director (IPRD) finding that two OPP officers committed discreditable conduct during a sexual assault investigation.
The IPRD had concluded that assigning an officer with a perceived association to a specific detachment created a potential conflict of interest.
The Divisional Court granted the application and set aside the IPRD's decision, finding it unreasonable because the IPRD applied a subjective standard based on the complainant's perception rather than the required objective standard of a reasonable member of the community.
