C. Fletcher-Dagenais

The appellant police officer pleaded guilty to discreditable conduct after stating to his partner that he was so mad he was going to shoot another officer in the head.

The Hearing Officer imposed a penalty of a six-month demotion and anger management, finding the conduct met the elements of the criminal offence of uttering threats.

On appeal, the Ontario Civilian Police Commission found the Hearing Officer erred in principle by characterizing the past-tense utterance as a criminal death threat, which erroneously heightened the seriousness of the misconduct and led to a disproportionate penalty.

The appeal was allowed, and the penalty was varied to a forfeiture of seven days and completion of an anger management program.