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Jane Doe v. Board of Commissioners of Police for the Municipality of Metropolitan Toronto, Jack Marks, Kim Derry & William Cameron (1990)


Download plaintiff facta:
    Supreme Court of Ontario - Toronto Weekly Court:
    Supreme Court of Ontario - Divisional Court:
    Ontario Court of Appeal:

Sexual assault survivor Jane Doe sued the Metropolitan Toronto Police for violating the Charter in failing to protect her from a serial rapist. With LEAF's support, Jane Doe argued that even though police had identifying information about the man who became know as "the balcony rapist", they chose not to warn women in the area of danger.

The police argued that they withheld information about the rapist because they wanted to catch the rapist in the act. Jane Doe argued that her right to security of the person and her equality rights under s. 15 of the Charter were violated. Doe argued that the Police breached their duty of care in treating the women in the region as bait in their investigation and failed to take the crime of sexual assault seriously.

In 1998, the court ruled that there was no evidence of Charter violations, but that Jane Doe's constitutional right to security had been violated and she was awarded $220,000 in damages.