Judicial Review

M-28

METROPOLITAN TORONTO POLICE

The Metropolitan Toronto Police (the institution) received a request for the names and addresses of two witnesses (the affected persons) to an alleged mischief offence. The requester is the agent for the person accused of the offence.

The requester's client allegedly damaged the roof of a car belonging to a third person. The affected persons witnessed the incident and pursued the requester's client. They placed him in an automobile and brought him to the police station where the police charged him with mischief under the Criminal Code. According to the requester, his client complained to the police about the actions of the affected persons, but the police did not act on the client's allegations of violence and no charges were laid against the affected persons. On the date set for the trial of the mischief charge, neither the affected persons nor the investigating officer appeared at court, and the case was withdrawn by the Crown Attorney. The requester states that his client wants to have criminal charges laid against the affected persons and to pursue a civil court action.

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