O’REGAN J
regard, there are several important facts which point to the closeness of that
connection. First, the policemen all bore a statutory and constitutional duty to prevent
crime and protect the members of the public. That duty is a duty which also rests on
their employer and they were employed by their employer to perform that obligation.
Secondly, in addition to the general duty to protect the public, the police here had
offered to assist the applicant and she had accepted their offer. In so doing, she placed
her trust in the policemen although she did not know them personally. One of the
purposes of wearing uniforms is to make police officers more identifiable to members
of the public who find themselves in need of assistance.
[52]
Our Constitution mandates members of the police to protect members of the
community and to prevent crime. It is an important mandate which should quite
legitimately and reasonably result in the trust of the police by members of the
community. Where such trust is established, the achievement of the tasks of the
police will be facilitated. In determining whether the Minister is liable in these
circumstances, courts must take account of the importance of the constitutional role
entrusted to the police and the importance of nurturing the confidence and trust of the
community in the police in order to ensure that their role is successfully performed. In
this case, and viewed objectively, it was reasonable for the applicant to place her trust
in the policemen who were in uniform and offered to assist her.
[53]
Thirdly, the conduct of the policemen which caused harm constituted a
simultaneous commission and omission. The commission lay in their brutal rape of
36
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