Barbara M. Wellard

The respondent brought a motion to dismiss the appellant's appeal for failing to file a notice of appeal within the 30-day statutory limitation period under subsection 70(1) of the Police Services Act.

The appellant's notice of appeal was served via facsimile on the final day of the limitation period, which under subsection 77(3) deemed it received the following day, making it one day late.

The Commission held that the 30-day appeal period commences after the sentencing decision is served, not the finding of guilt.

However, because the notice was deemed served one day late, and the Commission lacks inherent jurisdiction to extend statutory time limits, the motion was granted and the appeal dismissed.

The York Regional Police Service brought a motion to dismiss the appellant's appeal on the basis that his notice of appeal was filed outside the 30-day statutory limitation period under s. 70(1) of the Police Services Act.

The Commission found that the appeal period commenced when the sentencing decision was served, not the earlier finding of guilt.

However, because the notice of appeal was served by facsimile on the final day of the limitation period, it was deemed received the following day under s. 77(3) of the Act.

The Commission held it lacked jurisdiction to extend the statutory time limit and granted the motion to dismiss the appeal.

The appellant police officer appealed a disciplinary conviction for insubordination and brought a motion to introduce fresh evidence on the appeal.

The appellant sought to introduce affidavits and statements to prove he was under criminal investigation at the time he refused to answer questions, arguing this engaged his Charter rights.

Applying the Palmer test, the Commission found the proposed evidence was not available by due diligence at trial, was relevant to the Charter issue, was credible, and could reasonably have affected the result.

The motion was granted, and the fresh evidence was admitted subject to the respondent's right to cross-examine the deponents.