Executive Summary: Key Legal and Evidentiary Issues

• Adequacy of the police investigation into the applicant’s complaint about officer conduct.

• Reasonableness of the Law Enforcement Complaints Agency’s (LECA) review and findings.

• Identification and involvement of the correct officers in the alleged incidents.

• Sufficiency of evidence to establish police misconduct or breach of the Code of Conduct.

• Assessment of procedural fairness in the investigation and review process.

• Consideration of alleged bias and delay in the handling of the complaint.

Facts of the case

Risha Talwar, the applicant, sought judicial review of a decision by the Director of the Law Enforcement Complaints Agency (LECA) regarding a complaint about the conduct of two Ottawa Police Service (OPS) officers. The complaint arose after Talwar contacted the OPS Alternate Response Unit for help with issues involving his former physician, whom he accused of harassment and abuse. Talwar alleged that during his call to the police, he was yelled at, interrupted, and hung up on by two officers, initially identified as RO G. McCoy and RO H. Cooper.

The OPS investigated the complaint, collecting responses from the officers involved, reviewing relevant documents, and considering additional information from Talwar. It was determined that RO Cooper was not on duty at the relevant time and that RO Knox, not Cooper, had spoken with Talwar. The investigation thus focused on RO McCoy and RO Knox. Both officers denied the applicant’s allegations of rudeness and unprofessional conduct. They stated that Talwar’s concerns were non-criminal and should be directed to the College of Physicians and Surgeons of Ontario (CPSO). The officers claimed that Talwar became argumentative and irate, leading to the termination of the calls.

The investigation found no other witnesses and confirmed that calls to the Unit were not recorded. Another officer, RO Cathcart, also communicated with Talwar and advised him to contact the CPSO. The investigator concluded that there was insufficient evidence to support a finding of misconduct, noting the inability to independently verify the tone of the calls and the lack of reasonable grounds to refer the complaint for disciplinary action.

Review by LECA and policy considerations

Talwar requested a review by LECA, raising issues such as the investigation’s focus on the correct officers, the handling of his mental distress, and alleged errors in the investigative process. LECA reviewed the full investigative file and addressed the applicant’s concerns, confirming that the investigation was adequate and that the findings were supported by the evidence. LECA found no need to address allegations against RO Cooper, as she was not on duty, and determined that calling from an unknown number did not constitute misconduct. LECA also found that both RO McCoy and RO Knox acted reasonably and did not breach the Code of Conduct. The agency concluded that the OPS had reasonably determined there was insufficient evidence of misconduct.

Judicial review and procedural fairness

Talwar then applied for judicial review, arguing that the LECA decision was unreasonable and procedurally unfair. The Divisional Court applied the standard of reasonableness, referencing the leading authority of Vavilov. The Court found that LECA was not required to conduct a fresh investigation but only to review the adequacy and evidentiary support of the existing investigation. The Court determined that LECA’s decision was internally coherent, justified, and reasonable in light of the legal and factual context.

Talwar’s arguments regarding procedural fairness included claims that he was not provided with promised officer responses, that audio recordings should have been reviewed, and that there was bias in the investigation. The Court found no factual basis for these claims, noting that the applicant received a detailed summary of the police responses and that no recordings existed. The Court also found no reasonable apprehension of bias or evidence that the process was unfair.

Ruling and outcome

The Divisional Court dismissed Talwar’s application for judicial review, finding that the LECA decision was reasonable and procedurally fair. The Court concluded that the investigation and review processes were adequate, the correct officers were identified and assessed, and there was insufficient evidence to support allegations of police misconduct. No costs were ordered. The successful party in this matter was the Law Enforcement Complaints Agency, and no monetary award or costs were granted in favor of either party.