Frank D'Andrea

The appellant police officer appealed the penalty of dismissal imposed by the Force Adjudicator after he pleaded guilty to a disciplinary charge of discreditable conduct.

The charge arose from his criminal conviction for sexual assault, for which he received a conditional discharge.

The Commission dismissed the appeal, noting that the officer had testified at his criminal trial and his evidence was rejected as unbelievable and unreasonable.

The Commission held that because a police officer's duty requires testifying in court, the destruction of his credibility meant he could no longer function as a police officer.

The appellant police officer appealed a penalty of ten forfeited vacation days imposed for discreditable conduct related to operating a sporting goods store without the Commissioner's consent.

The parties presented a joint submission recommending a reduced penalty of five vacation days, citing a change in the Ontario Provincial Police Force's policy regarding secondary employment.

The Ontario Civilian Police Commission accepted the joint submission, allowed the appeal, and substituted a penalty of five vacation days.

The appellant, a police constable, was convicted of a disciplinary offence for refusing a lawful order to patrol outside the Morgentaler Clinic, citing his religious beliefs against abortion.

He appealed the conviction and the penalty of dismissal.

The Ontario Civilian Police Commission dismissed the appeal against conviction, finding that the order to keep the peace did not violate his Charter rights or constitute discrimination under the Human Rights Code, as a constable's duty to preserve the peace must be performed impartially regardless of personal conscience.

However, the Commission allowed the appeal against penalty, reducing it to a demotion in rank, noting the appellant's good service record and his undertaking to obey lawful orders in the future.