When the Law Falls Short: Why Suing the Police Isn’t Always the Path to Justice

PATH Legal’s website content, including this blog post, is provided as general legal information. This information is not designed to provide legal advice or create a lawyer-client relationship. You should not take, or refrain from taking, action based on its content. As each person's case is different, this post is not intended to provide legal advice about a specific problem. If you need advice about a specific legal problem, contact a lawyer. 

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If you or your loved one(s) have suffered the trauma and impact of an arrest, it is important to acknowledge how frustrating and painful this can be. It’s common to feel that what happened was deeply wrong—morally, emotionally, or personally. Yet too often, the legal system falls short of addressing these kinds of harm. What feels like a clear injustice may not meet the legal standards required to succeed in court. This isn’t a reflection of any failure on your part or a lack of effort in seeking accountability. Rather, it highlights the limitations of the legal system as it currently exists. 

Even if a civil lawsuit isn't possible, there are still meaningful ways to advocate for change and seek recognition. For example, you can share your experience with media, bring public attention to police actions, or file a police complaint against the officers involved. 

The Lasting Impact of Arrests — Even Without a Conviction 

It’s not uncommon for people to have encounters with police that lead to an arrest and charges, only for those charges to later be withdrawn or dropped. But even when the legal process doesn’t move forward, the effects of an arrest can be deeply damaging. People may face serious and lasting consequences, such as losing their job, experiencing strain or breakdown in personal relationships, or feeling isolated or rejected by their community. The stigma and stress can stay long after the legal case is over. 

It’s completely understandable to want justice in these situations—especially when you're never prosecuted or convicted. Unfortunately, the law makes it very difficult to succeed in these types of cases, particularly when there’s no physical abuse or obvious misconduct involved. 

What the law requires 

In civil lawsuits against police, the court must decide liability (whether police can be held responsible for what happened) and damages (whether you're entitled to financial compensation). There are common legal barriers to proving both—especially in cases where charges were dropped. 

Common barrier to proving liability 

The biggest obstacle to holding police accountable through a lawsuit is that Canadian courts give police wide discretion in how they investigate crimes and decide to make arrests. As long as the police can show they had “reasonable and probable grounds” to arrest someone at the time, the arrest will usually be seen as lawful. This is true even if the arrested individual turns out to be innocent or if charges are later dropped. According to the law, the fact that the Crown prosecutor chose not to proceed with the case does not mean the arrest itself was illegal or that the officers acted improperly. 

Common barrier to receiving compensation 

To win compensation, it’s not enough to show that you were arrested and the charges didn’t go anywhere. Even time spent in jail on remand often isn’t enough by itself. Courts usually require more—such as proof that police acted unreasonably, carelessly, or in bad faith. 

While difficult, this can sometimes be shown through specific facts: an unnecessarily aggressive arrest, extended detention without good reason, or clear rights violations (like an unlawful search or discriminatory treatment). These kinds of details might strengthen a case—but even then, success is far from guaranteed. 

What does a stronger lawsuit look like? 

There is a specific legal claim known as malicious prosecution which may apply when charges are pursued despite a clear lack of evidence. If police or prosecutors continued with a case for an improper reason—like malice, bias, or a desire to harm—you might be able to sue. However, these claims are difficult and usually require that the case went further through the court system. If your charges were dropped early, before significant prosecution took place, this type of claim likely won’t apply. 

Conclusion 

These cases are complex, and the outcome depends heavily on the specific facts. If your arrest involved serious misconduct—like being arrested without proper grounds, experiencing excessive force, having your rights violated, or being unfairly targeted—you may have a stronger claim  

If you believe your treatment went beyond just being arrested and clearly crossed a line, it may be worth speaking with a lawyer to understand whether your case has legal merit. You may also choose to explore other paths to accountability—such as filing a complaint or sharing your experience publicly.