Simon's Legal Resources

(Ontario/Canada)

EVIDENCE | ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
SMALL CLAIMS / CIVIL LITIGATION / CIVIL APPEALS / JUDICIAL REVIEW / Something Big

Home / About / Democracy, Law and Duty / Testimonials / Conditions of Use

Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS

(What's a Topic?)

Criminal - Breach of Trust by a Public Officer [CCC s.122]

. R. v. McAllister

In R. v. McAllister (Ont CA, 2024) the Ontario Court of Appeal considers the test for 'breach of trust by a public officer' [CCC s.122]:
[11] The trial judge carefully considered the five elements of the offence of breach of trust laid out in R. v. Boulanger, 2006 SCC 32, [2006] 2 S.C.R. 49. He found that in this case all of them were present. Those elements are:
1. The accused is an official;

2. The accused was acting in connection with the duties of their office;

3. The accused breached the standard of responsibility and conduct demanded of them by the nature of the office;

4. The conduct of the accused represented a serious and marked departure from the standard expected of an individual in the accused’s position of public trust;

5. The accused acted with the intention to use his or her public office for a purpose other than the public good, for example, for a dishonest, partial, corrupt, or oppressive purpose.

CC0

Unless authorship is otherwise stated or obvious from the context, all
written materials in this website were created by Simon Shields, who
waives all of his copyright and related or neighboring rights to this
Isthatlegal.ca webpage. Note in particular that this waiver only applies to
Simon's material, as copyright in statutory/regulatory materials and
case extracts were never his to give away.




Last modified: 07-06-24
By: admin