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Police May Owe A Private Duty Of Care To Execute Warrants And Other Court Orders Expeditiously - Criminal Law

To print this article, all you need is to be registered or login on Mondaq.com. In Canada, police have a statutory and common law duty to investigate crime. The duty is owed to the public generally and not specific individuals, including victims of crime. Claims advanced by victims tend to fail for lack of proximity and policy reasons, including the need to ensure police discretion can be exercised solely to advance the public interest and not out of fear of civil liability: Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 SCC 41. Despite the presumption police are immune to civil liability arising from how

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