The appellant police officer appealed a finding of misconduct for making an unlawful or unnecessary arrest for public intoxication, and the resulting penalty of a 12-day suspension.
The appellant also alleged a reasonable apprehension of bias because the Hearing Officer subsequently accepted a position at the Ontario Civilian Commission on Police Services.
The Commission dismissed the bias claim and upheld the misconduct finding, concluding it was supported by the evidence.
However, the Commission allowed the appeal on penalty, finding the Hearing Officer erred by considering post-offence disciplinary matters.
The penalty was reduced to a 4-day suspension.
