Case No. Vol No.
SPECIAL CONSTABLE IAN PETER WOOLRIDGE APPLICANT
- and -
CHIEF OF POLICE DAVID P. MacKINNON
(of the Halifax Regional Police Service)
and
DEPUTY CHIEF ROBERT A. BARSS
(of the Halifax Regional Police Service) RESPONDENTS
Justice Walter R. E. Goodfellow Halifax, Nova Scotia File No. S.H. 157048
LIBRARY HEADING
Cite as: Woolridge v. Halifax (Regional Police Service), 1999 NSSC 80
DATE HEARD: August 5, 1999
DECISION: August 5, 1999 (Orally)
WRITTEN
RELEASE: August 9, 1999
SUBJECT: PROHIBITION - POLICE ACT
SUMMARY: Constable Woolridge on duty when prisoner found dead in cell. Medical Examiner determined cause of death was overdose of various drugs. Internal Police Investigation was suspended while a Criminal Investigation took place - suspended 47 days after Internal Investigation had commenced. Criminal Investigation conducted by Sergeant who reported an end to the Criminal Investigation. However, Chairperson of Police Commission not aware of specific date and assumed later date upon which she directed the resumption of the Internal Investigation with its completion date - allowing 13 days being balance of 60 day limit in Regulations. By this time the 60 day period had expired and Police Act and Regulations interpreted as mandatory regulation required Internal Investigation shall be completed expeditiously as possible and in any event within 60 days, unless extension sought and extension warranted. No application for extension upheld mandatory requirement and Chief of Police without jurisdiction to take disciplinary action.
RESULT: Court not certain prohibition appropriate remedy. However, no contrary argument advanced that it ought to be a stay and therefore, Prohibition granted.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS COVER SHEET.