Kate Grieves

The appellant police officer appealed a Hearing Officer's decision finding him guilty of misconduct and ordering his dismissal, as well as the decision to prospectively lift the automatic stay of penalty.

The officer had requested an adjournment for medical reasons, which was denied.

His counsel then withdrew, and the hearing proceeded in his absence.

The Ontario Civilian Police Commission found that while the adjournment was properly denied, proceeding in absentia without confirming the officer had notice or intended to retain new counsel was procedurally unfair.

The Commission also found the Hearing Officer erred in lifting the stay of penalty by failing to consider the merits of the appeal and the prejudice to the officer.

The findings of misconduct were quashed, a new hearing was ordered, and the stay of penalty was restored.

The appellant, a police officer, appealed a Hearing Officer's decision finding him guilty of discreditable conduct and ordering a forfeiture of 80 hours.

The misconduct stemmed from a $50 donation the appellant made to the Freedom Convoy while off-duty and on an unpaid leave of absence.

The Ontario Civilian Police Commission upheld the finding of misconduct, concluding there was clear and convincing evidence that the protests were illegal at the time of the donation.

The Commission declined to hear an abuse of process argument raised for the first time on appeal.

Although the Hearing Officer erred by failing to conduct a Doré analysis to balance the appellant's section 2(b) Charter right to freedom of expression against the statutory objectives of the Police Services Act, the Commission conducted the analysis and found the disciplinary action was a proportionate limit on the right.

The penalty of 80 hours forfeiture was affirmed as reasonable.

The Appellant, a Staff Sergeant, appealed a Hearing Officer's decision finding him guilty of neglect of duty and discreditable conduct under the Police Services Act, and the resulting penalty of an 18-month demotion.

The charges arose from his role as the lead investigator into the sudden death of an Indigenous man, where he prematurely concluded the death was non-criminal and failed to conduct a basic investigation.

The Commission found the Hearing Officer's conclusions reasonable, including the finding that the Appellant's deficient investigation was rooted in racial bias and stereotypes.

The appeal was dismissed and the findings and penalty were confirmed.

The public complainants appealed the penalty imposed on a police officer found guilty of neglect of duty and discreditable conduct in relation to the sudden death investigation of an Indigenous man.

The Hearing Officer had ordered an 18-month demotion and cultural competency training.

The complainants argued the officer should be dismissed, citing the public interest, the importance of reconciliation, and region-specific demands regarding anti-Indigenous racism.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer reasonably weighed all relevant factors, including the public interest and reconciliation, and did not err in concluding that dismissal was not warranted.

The appellant police officer appealed findings of misconduct (neglect of duty and deceit) and the penalty of dismissal imposed by a Hearing Officer.

The misconduct arose from the appellant's failure to properly investigate a suspected impaired driver and his subsequent false explanations to his supervisor and Professional Standards Bureau.

The Ontario Civilian Police Commission dismissed the appeal, finding that the Hearing Officer did not misapprehend the expert evidence, drew reasonable inferences from the facts, and appropriately weighed the dispositional factors in imposing the penalty of dismissal.