In Yen v. Law Enforcement Complaints Agency (Ont Div Ct, 2026) the Ontario Divisional Court dismissed a JR, this brought against "a decision by the respondent Law Enforcement Complaints Agency (“LECA”) to “screen out”" a complaint against police.
The court states the principle of police investigative discretion:
[15] Police are not required to investigate all allegations that a criminal offence has taken place. Police resources are limited. Police have a discretion about what to investigate, and what not to investigate, and the nature of the allegations made by Mr. Yen against the original officers were of a sufficiently minor and tenuous nature that it was well within the Superintendent’s discretion to decline to investigate those allegations as potential criminal acts and instead to refer the complainant to LECA.
[16] The Director stated and applied the correct legal tests under s. 153 and 158(1)(d) of the CSPA and r. 10 of LECA’s Rules of Procedure (including specifically r. 10.10) which sets out a non-exhaustive list of factors as to determining whether it is in the public’s interest to investigate a complaint. The Director reasonably summarized the complaint against Superintendent Connor and noted the Appellant’s belief that the officers committed a crime under the Criminal Code. The Director’s conclusion that it would not be in the public interest to investigate Superintendent Connor’s exercise of discretion, given all the circumstances, was obviously reasonable.
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