Simon's Megalomaniacal Legal Resources

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.