To Serve and Protect Whom? Proximity in Cases of Police Failure to Protect

This article examines the duty of care owed by police to potential victims of crime, focusingspecifically on the issue of proximity. The author surveys both Canadian and UK cases inorder to examine the factors that potentially give rise to a special relationship in thesecircumstances, and compares the Canadian courts’ more plaintiff-friendly approach to theEnglish courts’ persistent refusal to recognize proximity in the relationship between thepolice and victims of crime. The case law is then analyzed in order to shed light on the utilityand content of the proximity requirement for the duty of care, taking into consideration thefactual context, statutory framework, and policy considerations.