Head v. Graham, [1985] 1 SCR 566

Head v. Graham, [1985] 1 S.C.R. 566

IN THE MATTER of Paul Head;

AND IN THE MATTER OF a decision of the Commissioner of the Ontario Provincial Police made on or about the 9th day of March, 1978;

AND IN THE MATTER of The Judicial Review Procedure Act, S.O. 1971, Chapter 48;

Between

Paul Head     Appellant;

and

H. H. Graham, Commissioner of the Ontario Provincial Police Force and the Ontario Provincial Police Force                        Respondents.

File No.: 16913.

1985: April 29; 1985: May 9.

Present: Dickson C.J. and Beetz, McIntyre, Chouinard, Lamer, Le Dain and La Forest JJ.

on appeal from the court of appeal for ontario

                   Judicial review ‑‑ Police officer resigning after lengthy interrogation and threats to prosecute ‑‑ Resignation effective ‑‑ No basis for judicial review.

                   APPEAL from a judgment of the Ontario Court of Appeal (1981), 127 D.L.R. (3d) 366, 40 O.R. (2d) 84, setting aside a judgment of the Divisional Court (1980), 109 D.L.R. (3d) 507, 28 O.R. (2d) 128, granting an application for a declaration of invalidity of a police officer's resignation. Appeal dismissed.

                   Paul Osier, for the appellant.

                   Dennis W. Brown, Q.C., for the respondents.

                   The following is the judgment delivered by

1.                The Court‑‑We find on the facts that there was, up to the time of acceptance of the resignation of Constable Head by the Commissioner of the Ontario Provincial Police on March 7, 1978, a true and continuing intent on the part of Constable Head to resign. There was therefore no exercise of a statutory power of decision giving rise to judicial review. The appeal is accordingly dismissed with costs.

                   Appeal dismissed with costs.

                   Solicitors for the appellant: Arrell, Brown, Osier & Murray, Caledonia.

                   Solicitor for the respondents: Dennis W. Brown, Toronto.