In July 2020, Mr. Williams was arrested for an alleged domestic assault against his domestic partner. He was released on an Undertaking which included a no-contact condition. Mr. Williams was not to communicate with the complainant unless (1) she provided written, revocable consent, or (2) the communication was for a listed purpose. The complainant provided her written revocable consent as contemplated by the Undertaking – the Toronto Police record system was updated to reflect the same but CPIC was not.
In August 2020, Mr. Williams and the complainant were together in a parking lot. A Cannabis Control Act plainclothes operation was underway in that same parking lot. Ultimately, an officer identified Mr. Williams and the complainant, and learned of his outstanding Undertaking including the no-contact offence. The officer did not check the record management system to determine whether the complainant had provided consent or not. Mr. Williams was then arrested for breaching his Undertaking. A search of his vehicle revealed a firearm which led to a number of firearm charges.
The Court of Appeal concluded that the police violated Mr. Williams’ s. 9 Charter rights when they arrested him for violating his Undertaking without checking whether written, revocable consent had been provided as contemplated by the Undertaking.
Read the full case here.