Diana A. Jardine

The appellant police officer appealed a conviction for discreditable conduct and the resulting penalty of dismissal, which arose from his use of excessive force in disciplining his infant children.

The Commission upheld the conviction, finding that the hearing officer did not err in admitting hearsay statements from the appellant's wife or in concluding there was clear and convincing evidence of misconduct.

However, the Commission allowed the appeal on penalty, finding that the hearing officer erred in applying precedent without establishing the requisite elements for dismissal.

Noting the appellant's successful rehabilitation efforts and the absence of any attempt to subvert justice, the Commission reduced the penalty from dismissal to a reduction in rank to Second Class Constable.

The Town of Kemptville applied to the Ontario Civilian Commission on Police Services for consent to abolish the Kemptville Police Service.

Following municipal amalgamation into the Township of North Grenville, the Town proposed contracting policing services to the Ontario Provincial Police (OPP).

The Commission found that the proposed OPP contract would provide adequate and effective policing, offering improved services and specialized resources.

As severance arrangements for the single terminated employee were satisfactory and outstanding matters with the Chief were agreed to be arbitrated if necessary, the Commission consented to the abolition.

The appellant, a provincial constable, appealed a conviction of discreditable conduct arising from a property dispute with a township road crew.

The appellant had objected to the crew digging a ditch on what he believed was his property, relying on a land survey, and had tossed a worker's hard hat off his fence post.

The Commission found that the appellant acted in a civil and professional manner, doing no more than any citizen would to prevent encroachment on their property.

The Commission concluded there was insufficient evidence that his actions brought or were likely to bring discredit to the police force, allowed the appeal, and quashed the conviction.

The Smiths Falls Police Services Board applied to the Ontario Civilian Commission on Police Services under section 40 of the Police Services Act for consent to terminate a fourth-class constable to reduce the size of the police force.

The Board argued the officer was hired as a temporary replacement and was no longer needed.

The Smiths Falls Police Association opposed the termination, arguing the force was already understaffed and the community suffered from a high crime rate and excessive officer overtime.

The Commission found the officer was a permanent employee and denied consent for the termination, concluding the Board failed to demonstrate that the reduction would not impair the provision of adequate and effective police services in the municipality.