G. Normand Glaude

A police officer appealed his conviction and sentence for corrupt practice and discreditable conduct under the Police Act.

The charges arose after the officer discovered a civilian with an unregistered restricted weapon and, instead of laying charges, purchased the weapon for $50.

The officer argued that the Kienapple principle should prevent multiple convictions arising from the same facts.

The Commission found no legal nexus between the charges, as discreditable conduct relates to the reputation of the police force, while corrupt practice relates to the personal moral integrity of the officer.

The appeal against the penalty of resignation or summary dismissal was also dismissed, as the officer's actions were planned, methodical, and deliberate, amounting to obstructing justice for personal gain.

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.

The Town of Mount Forest applied to the Ontario Police Commission for consent to abolish its municipal police force and enter into a policing agreement with the Ontario Provincial Police.

After holding a public hearing and considering submissions from the town council, police associations, and citizens, the Commission found that the proposed OPP policing service would adequately satisfy the community's needs.

The Commission granted consent to abolish the local force without imposing additional conditions regarding officer pensions or employment, noting that an agreement had already been reached between the local police association and the OPP.

The appellant, a police sergeant, appealed a conviction for neglect of duty arising from his handling of an incident involving an off-duty officer.

The appellant had instructed his junior officers to prepare reports but chose not to confront the off-duty officer at his home in the early morning hours, opting instead to verify the home was quiet and report to his superior later.

The Ontario Civilian Police Commission allowed the appeal and quashed the conviction, finding that the appellant properly exercised his discretion and investigated the matter with due diligence given the circumstances.