The Associated Press
OTTAWA (AP) -- The family of a man shot dead as he fled a bank robbery can sue Toronto police for allegedly shunning a shooting investigation, says Canada’s top court.
In a 9-0 judgment released Friday, the Supreme Court of Canada ruled that the lawsuit -- the first of its kind -- can proceed.
Public officials can be sued not just for abuse of power but also for a failure to perform duties that leads to foreseeable harm, the court ruled.
“It’s a very good day for democracy,” said lawyer Julian Falconer, representing the slain man’s family.
“If public officials break the law, whether it’s a legal duty or any other law, they’re as accountable as everyone else.”
The family of 22-year-old Manish Odhavji say police failed to cooperate with the Special Investigations Unit, a civilian agency that probes crimes involving police.
The family claims key police officers ignored SIU requests to segregate themselves before questioning, attend interviews the day of the 1997 shooting, and promptly provide shift notes, on-duty clothing and blood samples.
None of the accusations has been proven in court.
Odhavji was shot twice on Sept. 26, 1997, as he fled a bank robbery. He was unarmed, but a weapon was found in his vehicle.
Police at the time said Odhavji was one of five young men who robbed more than 20 banks in a nine-month spree that ended with their arrests that day.