Ruth K. Corbett

The appellant, a police sergeant, appealed his conviction and penalty for neglect of duty.

He was convicted of failing to diligently inquire into a complaint from a female constable that she had been indecently assaulted by a male constable.

The Commission upheld the conviction, finding ample evidence to support the Hearing Officer's credibility findings.

The Commission also dismissed the appeal against the penalty of a two-day pay forfeiture, holding that the penalty imposed after a formal hearing is not limited by the lesser penalty proposed during the informal discipline process.

Two police officers appealed their convictions and penalties for discreditable conduct after having sexual intercourse with a civilian in their patrol car while on duty.

They argued the matter should have been handled as a public complaint, which would require proof beyond a reasonable doubt, and challenged the admissibility of electronically intercepted conversations under Section 8 of the Charter.

The Ontario Civilian Police Commission dismissed the appeals, finding the complaint was not a public complaint, the Charter arguments failed, and the penalty of dismissal was appropriate given the severe breach of public trust.

The appellant police officer appealed the penalty of dismissal imposed after he pleaded guilty to deceit and discreditable conduct for falsifying records regarding the discovery of cocaine during a traffic stop.

The appellant argued the penalty was harsh and unjust, noting a co-accused officer received a lesser penalty.

The Ontario Civilian Police Commission dismissed the appeal, finding the appellant's lack of remorse and reformation distinguished his case from the co-accused, and his conduct demonstrated unfitness to hold the office of constable.

Constable Burgess appealed his convictions and dismissal for deceit and unnecessary exercise of authority under the Code of Discipline.

The charges arose from an incident where he used force to lift an uncooperative prisoner from a chair, resulting in an accidental injury, and subsequently filed an inaccurate Occurrence Report.

The Ontario Civilian Police Commission admitted fresh evidence and quashed both convictions.

The Commission found the use of force was reasonable under the circumstances and that, while the Occurrence Report was incomplete and inaccurate, there was no evidence of an intent to mislead or deceive.