Professor Gurmukh and Western Law Students Uncover Charter Violations by Major Ontario City Police Services
March 18, 2026
Professor Gurmukh[1] and past and present JD student research assistants scoured over 10 years of case-law. They teamed up with Professor Wortley and PhD students from University of Toronto’s Centre for Criminology and Sociolegal Studies. Together, they produced a ground-breaking report, Unlawful Enforcers. It reveals that, between January 1, 2015 and May 31, 2025, courts ruled that police services from Toronto, Peel, York, Durham and Ottawa violated the Charter over 1000 times in over 600 cases. The true extent of the problem is even larger. The over 600 cases do not include unreported court decisions or Charter-infringing officer conduct that does not result in charges.
The report highlights how police violations of the Charter negatively impact the physical and mental health of victims, public trust and public safety. Guns, drugs, reliable evidence of child pornography and breathalyzer test results are being excluded from evidence in trials. Accused, who engaged in criminal activity, are walking free. Over 70% of the over 600 cases resulted in evidence being excluded, a stay of proceedings (i.e. the proceedings were permanently stopped), or a sentence reduction.
Systemic issues contribute to the problem. The qualitative analysis of court decisions involving the Toronto Police Service and Peel Regional Police identifies over 20 systemic issues described by judges. It also identifies “hidden racial profiling” of Black people by the Peel Regional Police and Toronto Police Service.
Professor Gurmukh hopes that Unlawful Enforcers will “encourage systemic change to address police violations of the Charter – systemic change that will advance public safety and enhance trust between police and the public”. To this end, the report’s recommendations are geared towards monitoring, transparency, accountability, systemic issues and independent oversight.
Unlawful Enforcers is an example of experiential learning in the public interest. Professor Gurmukh was supported by ten JD student research assistants. The previous JD student research assistants are: Aleks Acimovic, Blerta Gjoci, Julianne de Gara, Lera Nwineh, Rahul Sapra, Harjot Jagpal, Pearlie Kamwa and Patrick Carl.
The current JD student research assistants, Arman Lakhu and Sarah DiPronio, have been working on Unlawful Enforcers since the summer following their first year of law school. Now in their second and third years respectively, they reflected on the experience: “This project has been the most impactful work of our law school careers. It gave us a rare chance to contribute to systemic reform while building the research, writing, and analytical skills we will carry into our legal careers.”
Unlawful Enforcers has received endorsements from the Canadian Civil Liberties Association, Black Legal Action Centre and Criminal Lawyers’ Association – leading voices who defend Charter rights.
