Dr. John A. Balkwill

The appellant police officer appealed a hearing officer's decision dismissing his application to stay disciplinary proceedings for discreditable conduct.

The appellant argued the proceedings were commenced outside the six-month time limit under s. 69(18) of the Police Services Act.

Following the hearing officer's decision, the appellant entered a negotiated guilty plea to a reduced charge.

The Commission dismissed the appeal, finding it was brought outside the 30-day appeal period under s. 70(1) of the Act, which began running from the date of the hearing officer's decision, not the ultimate disposition.

Furthermore, the negotiated plea constituted a waiver of the right to appeal.

In obiter, the Commission noted that the six-month limitation period begins when the Chief's designates possess sufficient factual information, not when the final report is received.

The appellant police officer appealed a hearing officer's decision dismissing his application to stay disciplinary proceedings for discreditable conduct.

The appellant argued the proceedings were commenced outside the six-month limitation period under s. 69(18) of the Police Services Act.

Following the hearing officer's decision, the appellant entered a negotiated guilty plea to a reduced charge.

The Commission dismissed the appeal, finding it was brought outside the 30-day appeal period under s. 70(1) of the Act, which began running from the date of the hearing officer's decision, not the ultimate disposition.

Furthermore, the negotiated plea constituted a waiver of the right to appeal.

In obiter, the Commission noted that had the appeal been timely, it would have found the hearing officer erred in law regarding the commencement of the limitation period.

The appellant police officer appealed a hearing officer's decision dismissing his application to stay disciplinary proceedings for discreditable conduct.

The appellant argued the proceedings were commenced outside the six-month limitation period under s. 69(18) of the Police Services Act.

Following the dismissal of the stay application, the appellant entered a negotiated guilty plea to a reduced charge.

The Commission dismissed the appeal, finding it was brought outside the 30-day appeal period under s. 70(1) of the Act, which began running from the date of the stay decision, not the final disposition.

Furthermore, the negotiated plea constituted a waiver of the right to appeal.

In obiter, the Commission noted that the six-month limitation period begins when the Chief's designates possess sufficient factual information, not when the final report is received.

The appellant police officer appealed a finding of corrupt practice and a penalty of four days' lost pay.

The allegation was that while off-duty, he and another officer used a police badge to jump the line at a restaurant.

The Commission found that the sole witness against the appellant was unreliable, having been drinking and unable to clearly identify the officers or the badge.

Furthermore, the officers had VIP cards for the restaurant and knew the owners.

The Commission concluded there was no clear and convincing evidence that the appellant improperly used his position for private advantage.

The conviction was set aside.