E115| A CPIC check, failure to communicate & ca$hing in.
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In this episode, Mike discusses the Ontario Court of Appeal decision Shanthakumar Estate v. Canada Border Services Agency, 2025 ONCA 422 where a police officer continued an arrest made by CBSA of two seniors for breaching an undertaking condition based on a CPIC entry. Unfortunately, the charge related to the undertaking had been stayed but the CPIC entry had not been updated. It was only later learned, after the seniors had been transported to jail, that the undertaking had been vacated and the conditions were no longer in effect. The seniors — now plaintiffs in a civil action — sued the RCMP, CBSA & the police for negligence and arbitrary detention (under s. 9 of the Charter). Did the seniors have a case? Were their arrests unlawful? Did the police breach the standard of care expected of a reasonable officer in similar circumstances? Learning answers to these questions may help you with your decision making in like situations.
Lower court ruling (2023 ONSC 3180).
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