L. Charette

The appellant police officer appealed a penalty decision ordering his resignation or termination after he pleaded guilty to discreditable conduct for stealing $175 from a member of the public.

The appellant argued the Hearing Officer erred in weighing mitigating factors, including his mental health diagnoses, expressions of remorse, and letters of support, and in applying the test for dismissal.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer reasonably concluded that the seriousness of the misconduct, the appellant's prior disciplinary record for dishonesty, and the resulting reputational damage to the police service outweighed the mitigating factors and justified dismissal.

The appellant, a police constable, appealed the findings of guilt for discreditable conduct, neglect of duty, and insubordination, as well as the penalty of dismissal imposed by a hearing officer.

The misconduct involved unauthorized police database queries of individuals connected to his brother's criminal investigation, failure to disclose personal connections to persons of interest in a firearms investigation, and insubordination during a compelled interview.

The Ontario Civilian Police Commission dismissed the appeal, finding the hearing officer's factual conclusions reasonable, the admission of evidence from a Criminal Code production order lawful, and the penalty of dismissal appropriate given the serious and repeated nature of the misconduct.