Murray W. Chitra

Needham v. Toronto Police Service, 2010 CanLII 101279

The Toronto Police Service brought a motion to dismiss an appeal by a police officer for failing to file within the 30-day limitation period under section 70(1) of the Police Services Act.

The appellant's counsel acknowledged the delay and requested an extension.

The Commission held that the Act does not permit extensions of time for appeals, as the discretion to do so was expressly removed by 1997 amendments.

The motion was granted and the appeal dismissed for lack of jurisdiction.

OCPCAug 5, 2010

Wiggers v. Durham Regional Police, 2010 CanLII 101275

The appellant police officer brought a motion on consent to lift the automatic stay of his penalty of demotion pending his appeal.

The officer had pled guilty to discreditable conduct for unaccounted absences and was demoted for one year with ongoing conditions.

He abandoned his appeal of the demotion but maintained his appeal of the conditions.

The Commission found it had jurisdiction under the Statutory Powers Procedure Act to lift the stay and granted the motion, noting that the appeal was not frivolous, the officer sought to serve his demotion immediately to avoid prejudice to future promotion opportunities, and the employer consented.

OCPCMar 23, 2010

Sergeant Ray Wiggers v. Durham Regional Police Service, 2010 CanLII 101276

The Appellant, a police sergeant, pled guilty to discreditable conduct involving time theft and was penalized with a one-year demotion to First Class Constable along with eight conditions for reinstatement.

He appealed the conditions but abandoned the appeal of the demotion, bringing a motion to lift the automatic stay of the demotion so he could begin serving it immediately.

The Respondent supported the motion.

The Commission granted the motion, finding the appeal was not frivolous, the Appellant could be prejudiced by a delay, and lifting the stay would not adversely affect the consideration of the remaining appeal regarding the conditions.

OCPCJan 25, 2010

Jander v. Toronto Police Service, 2009 CanLII 93060

The moving party brought a motion to dismiss the appellant's appeal of a disciplinary penalty on the basis that the notice of appeal was filed 11 days after the 30-day statutory deadline.

The appellant did not oppose the motion.

The Ontario Civilian Police Commission found that section 70(1) of the Police Services Act imposes a strict 30-day time limit and that the 1997 amendments to the Act removed the Commission's discretion to extend the time for filing appeals.

The motion was granted and the appeal was dismissed for lack of jurisdiction.

OCPCNov 3, 2009

Constable Chris Maguire v. Peterborough-Lakefield Community Police Service, 2008 CanLII 90936

The appellant police officer appealed a penalty of a loss of five days' pay imposed after he was found guilty of neglect of duty for failing to submit an Arrest Report prior to a fingerprint and court date.

The appellant argued the penalty was excessive and that the hearing officer erred by considering his entire disciplinary history rather than just a prior informal reprimand for the same misconduct.

The Ontario Civilian Commission on Police Services dismissed the appeal, finding that an officer's entire disciplinary history is a relevant consideration for progressive discipline and that the hearing officer applied the correct dispositional principles without manifest error.

OCPCJul 28, 2008

Constable James Vaughan-Evans v. Toronto Police Service, 2008 CanLII 90934

The Appellant, a police officer, appealed a penalty of resignation or dismissal imposed after he pled guilty to discreditable conduct.

The misconduct stemmed from his heavy marijuana use, which resulted in a criminal conviction for possession of a controlled substance.

The Appellant argued that the Hearing Officer failed to properly consider his substance abuse disability, his rehabilitation efforts, and the Service's duty to accommodate.

The Ontario Civilian Police Commission dismissed the appeal, finding that the Hearing Officer properly weighed the Service's accommodation efforts against the Appellant's repeated criminal misconduct, history of deception, and the potential damage to the Service's reputation.

The penalty was upheld as reasonable and just.

OCPCJul 15, 2008

Vaughan-Evans v. Toronto Police Service, 2008 CanLII 91279

The appellant, a police officer with a history of post-traumatic stress disorder and substance abuse, appealed a hearing officer's decision ordering him to resign or be dismissed after pleading guilty to discreditable conduct.

The charge arose from his criminal conviction for possessing marijuana while suspended for a previous incident of smoking marijuana at work.

The appellant argued the hearing officer failed to properly consider the employer's duty to accommodate his disability and his subsequent rehabilitation.

The Commission dismissed the appeal, finding that the hearing officer appropriately weighed the employer's accommodation efforts against the appellant's repeated criminal misconduct, history of deception, and the potential damage to the police service's reputation.

OCPCJul 15, 2008

Byrne v. Ontario Provincial Police, 2007 CanLII 87222

The appellant police officer appealed a conviction and penalty for discreditable conduct related to unauthorized secondary employment.

The Commission found that the Hearing Officer erred by allowing the prosecution to introduce evidence of unauthorized secondary employment during the cross-examination of the appellant, effectively splitting its case.

The Commission also found that the Hearing Officer's finding of guilt lacked an evidentiary foundation and adequate reasoning, as the appellant's undisputed testimony indicated he had received verbal approval for his secondary employment.

The conviction was revoked.

OCPCDec 21, 2007

Constable Michael Bryne v. Ontario Provincial Police, 2007 CanLII 89243

The appellant, a police officer, appealed his conviction and penalty for discreditable conduct related to unauthorized secondary employment.

The Commission found that the Hearing Officer erred by allowing the prosecution to introduce evidence regarding the lack of authorization for the secondary employment during the cross-examination of the appellant, effectively splitting its case.

Furthermore, the Hearing Officer failed to provide adequate reasoning for rejecting the appellant's undisputed testimony that he had received verbal approval for his business activities.

The conviction was revoked due to procedural unfairness and lack of evidentiary foundation.

OCPCDec 21, 2007

Byrne v. Ontario Provincial Police, 2007 CanLII 87223

The appellant police officer appealed a conviction for discreditable conduct and the resulting penalty of a 16-hour forfeiture of pay.

The conviction arose from the officer's failure to pay for a wood splitter purchased at an auction while off duty until after he was interviewed by Professional Standards.

The Commission upheld the conviction, finding that a valid public complaint had been initiated.

The Commission also upheld the 16-hour forfeiture penalty, finding it within the reasonable range given the officer's prior disciplinary history, but varied the penalty by deleting the specific directions regarding how and when the hours were to be served.

OCPCOct 9, 2007

Byrne v. Ontario Provincial Police, 2007 CanLII 87224

The appellant, a police officer, appealed a disciplinary conviction for discreditable conduct and the resulting penalty of a 16-hour forfeiture.

The conviction arose from an unpaid debt for snow removal services related to his secondary employment.

The Commission upheld the conviction, finding that the Hearing Officer properly applied the Police Services Act regarding the timeliness of the complaint and that there was sufficient evidence the appellant received the invoices.

However, the Commission varied the penalty to an 8-hour forfeiture, concluding that the original penalty was excessive for minor off-duty misconduct and that severe general deterrence was not required.

OCPCJul 16, 2007

Stone v. Toronto Police Service, 2007 CanLII 87208

The appellant, a police officer, appealed his conviction for corrupt practice and insubordination, as well as the resulting penalty of demotion.

The charges arose after the appellant stopped an impaired driver, released him without charges after the driver's wife mentioned a police association director, and subsequently accepted hockey tickets from the driver.

The appellant argued that the Hearing Officer erred in finding the elements of corrupt practice, failed to declare a mishearing due to ineffective assistance of counsel and a reasonable apprehension of bias, and imposed an excessive penalty.

The Ontario Civilian Commission on Police Services dismissed the appeal, finding that the wiretap evidence and circumstances supported the conviction, the ineffective counsel claim was a tactical decision raised too late, the bias claim was unfounded, and the penalty of demotion was appropriate given the serious nature of the misconduct.

OCPCJul 4, 2007

Ion v. Toronto Police Service, 2007 CanLII 87214

The appellant police officer appealed a finding of guilt and penalty for the disciplinary offence of being absent without leave.

On Christmas Day, the appellant's supervisor gave him permission to remain at home on standby instead of reporting for his scheduled shift.

The Hearing Officer convicted the appellant, finding that the supervisor lacked authority to grant such leave and the appellant should have known this.

The Commission allowed the appeal and substituted an acquittal, holding that the appellant was entitled to rely on his supervisor's explicit permission as a reasonable excuse for his absence, regardless of whether the supervisor actually possessed the formal authority to grant it.

OCPCFeb 23, 2007

Wildeboer v. Toronto Police Service and Aylin, 2006 CanLII 84671

The appellant police officer appealed a penalty of 18 days forfeiture imposed following a guilty plea to one count of insubordination for conducting numerous unauthorized CPIC queries for personal reasons.

The appellant argued the Hearing Officer erred by exceeding a joint submission on penalty and failing to properly weigh dispositional factors.

The Commission found there was no joint submission, as the parties proposed different penalties.

The Commission upheld the penalty, finding the Hearing Officer properly considered the serious nature of the misconduct, the officer's disciplinary history, deterrence, and relevant precedents.

The appeal was dismissed.

OCPCNov 7, 2006

Constable Paul Wildeboer v. Toronto Police Service and Nicola Aylin, 2006 CanLII 88790

The appellant police officer appealed a penalty of 18 days forfeiture imposed after he pled guilty to insubordination for conducting unauthorized CPIC queries for personal reasons.

The appellant argued the Hearing Officer ignored a joint submission on penalty and imposed an excessive forfeiture.

The Ontario Civilian Police Commission dismissed the appeal, finding there was no joint submission as the parties had proposed different penalties.

The Commission also held that the Hearing Officer properly weighed the relevant sentencing factors, including the seriousness of the misconduct, the officer's prior disciplinary record, and the need for deterrence, and that the penalty was within the acceptable range.

OCPCNov 7, 2006

Brown v. Ontario Provincial Police, 2006 CanLII 84678

The appellant, an OPP Sergeant, appealed a finding of guilt for neglect of duty under the Code of Conduct.

The allegations stemmed from an incident where the appellant, while 'on call', left his region to return borrowed equipment and was involved in a motor vehicle collision in an OPP vehicle.

The Hearing Officer found the appellant guilty for failing to notify his supervisor before leaving the region and failing to report the collision in a timely manner.

On appeal, the Commission found that the Hearing Officer failed to address conflicting evidence regarding the duty to notify and credibility issues.

Furthermore, the Commission found that the appellant had reported the collision at the first reasonable opportunity, satisfying the policy requirements.

The appeal was allowed and the conviction was revoked.

OCPCOct 31, 2006

Miles Whitney v. Constable Niel Gonzalez and Ontario Provincial Police, 2006 CanLII 84676

The appellant appealed a Hearing Officer's decision finding a police officer not guilty of discreditable conduct.

The allegations stemmed from an incident where the appellant and his friends were evicted from a provincial park for underage drinking and noise.

The officer, called to assist, placed the appellant in his cruiser and administered a breathalyzer test.

The appellant alleged arbitrary detention and Charter breaches.

The Hearing Officer accepted the officer's evidence that the test was voluntary and for the sole purpose of ensuring safe driving upon eviction.

The Commission applied a standard of reasonableness simpliciter, deferred to the Hearing Officer's credibility findings, and dismissed the appeal.

OCPCJun 1, 2006

Whitney v. Gonzalez and Ontario Provincial Police, 2006 CanLII 88782

The appellant appealed a Hearing Officer's decision finding a police officer not guilty of discreditable conduct.

The officer had been dispatched to assist park wardens with evicting underage campers and administered a breathalyzer test to the appellant.

The appellant alleged arbitrary detention and Charter breaches.

The Commission dismissed the appeal, finding it was open to the Hearing Officer to accept the officer's evidence that the breathalyzer test was voluntary and to conclude that misconduct was not established on clear and convincing evidence.

OCPCJun 1, 2006

Constable Christian Brudlo v. Toronto Police Service, 2005 CanLII 81117

The appellant police officer appealed a finding of guilt for discreditable conduct and the resulting penalty of dismissal.

The misconduct involved inappropriate sexual comments and touching directed at a civilian employee.

The Commission dismissed the appellant's motion to introduce fresh evidence, finding it failed the Palmer test.

The Commission also upheld the Hearing Officer's decision to deny an adjournment, noting the appellant's history of delays and failure to justify the request.

Finally, the Commission upheld the penalty of dismissal, emphasizing the seriousness of the sexual harassment, the appellant's prior disciplinary record, and his lack of rehabilitation potential.

OCPCNov 23, 2005

Constable Christian Brudlo v. Toronto Police Service, 2005 CanLII 84856

The appellant police officer appealed a finding of guilt for discreditable conduct and the resulting penalty of dismissal.

The misconduct involved inappropriate sexual comments and unwanted touching directed at a female civilian co-worker.

The Commission dismissed the appellant's motion to introduce fresh evidence regarding recent gender sensitivity counseling.

The Commission also upheld the Hearing Officer's decision to deny an adjournment request, finding the appellant had ample time to prepare.

Finally, the Commission upheld the penalty of dismissal, noting the seriousness of the workplace sexual harassment, the appellant's prior disciplinary record for domestic assault and indecent exposure, and his lack of rehabilitation potential.

OCPCNov 23, 2005

Needham v. Toronto Police Service, 2010 CanLII 101279

Wiggers v. Durham Regional Police, 2010 CanLII 101275

Sergeant Ray Wiggers v. Durham Regional Police Service, 2010 CanLII 101276

Jander v. Toronto Police Service, 2009 CanLII 93060

Constable Chris Maguire v. Peterborough-Lakefield Community Police Service, 2008 CanLII 90936

Constable James Vaughan-Evans v. Toronto Police Service, 2008 CanLII 90934

Vaughan-Evans v. Toronto Police Service, 2008 CanLII 91279

Byrne v. Ontario Provincial Police, 2007 CanLII 87222

Constable Michael Bryne v. Ontario Provincial Police, 2007 CanLII 89243

Byrne v. Ontario Provincial Police, 2007 CanLII 87223

Byrne v. Ontario Provincial Police, 2007 CanLII 87224

Stone v. Toronto Police Service, 2007 CanLII 87208

Ion v. Toronto Police Service, 2007 CanLII 87214

Wildeboer v. Toronto Police Service and Aylin, 2006 CanLII 84671

Constable Paul Wildeboer v. Toronto Police Service and Nicola Aylin, 2006 CanLII 88790

Brown v. Ontario Provincial Police, 2006 CanLII 84678

Miles Whitney v. Constable Niel Gonzalez and Ontario Provincial Police, 2006 CanLII 84676

Whitney v. Gonzalez and Ontario Provincial Police, 2006 CanLII 88782

Constable Christian Brudlo v. Toronto Police Service, 2005 CanLII 81117

Constable Christian Brudlo v. Toronto Police Service, 2005 CanLII 84856

Acting Chair, Hanover Police Services Board

Advisor, Policing Services Division, Ministry of the Solicitor General and Correctional Services

Appellant

Chair, Clinton Police Services Board

Chair, Goderich Police Services Board

Chair, Walkerton Police Services Board

Chief, Goderich Police Service

Chief, Hanover Police Service

Chief, Walkerton Police Service

Citizen

Co-Chair, Amalgamation Steering Committee

Counsel for Constable Bruce Kelly

Counsel for Constables Nathan Parker and Paul Koscinski

Counsel for Deputy Chief Wayne Tremble

Counsel for Detective Constable James Buckle

Counsel for Durham Regional Police Service

Counsel for Niagara Regional Police Service

Counsel for Ontario Provincial Police

Counsel for the Appellant

Counsel for the Respondent

Counsel to the Commission

for Appellant

for Appellant and Respondent on Motion

for Brant County Police Association

for Brant County Police Service

for Brant County Police Services Board

for Chatham-Kent

for Chief Alex Balazs

for Chief Barry Reginald Moyle

for Collingwood Police Association

for Collingwood Police Service

for Collingwood Police Services Board

for Collingwood Senior Officers Association

for Committee of Citizens for Joint Policing

for Constable Bettes

for Constable Bruce Kelly

for Constable Hewitson

for Constable Neil Gonzalez

for Constables Nathan Parker and Paul Koscinski

for County of Brant

for Detective Constable James Buckle

for Durham Regional Police Service

for Fergus Police Association

for Harriston Police Association

for Harriston Police Service

for Leamington Police Association

for Leamington Police Service

for Leamington Police Services Board

for Meaford Police Association

for Meaford Police Service

for Meaford Police Service Board

for Mersea Township Police Association

for Mersea Township Police Service

for Ministry of the Solicitor General and Correctional Services

for Niagara Regional Police Service

for Ontario Provincial Police

for Palmerston Police Association

for Palmerston Police Service

for Palmerston Police Services Board

for Peel Regional Police Service