Sam Cancilla

The appellant, a police officer, appealed to the Commission alleging that his resignation was involuntary and amounted to constructive dismissal, having been obtained under the threat of criminal prosecution.

The Commission held that it lacked jurisdiction to hear the appeal because the appellant had voluntarily resigned to avoid a criminal trial, meaning there was no disciplinary decision to appeal.

Furthermore, even if there had been a decision, the appeal was filed outside the mandatory 30-day statutory limitation period.

The appellant, a police officer, resigned from the Ontario Provincial Police after being charged criminally and facing disciplinary proceedings.

He alleged his resignation was involuntary and amounted to constructive dismissal, and appealed to the Ontario Civilian Police Commission.

The Commission dismissed the appeal for lack of jurisdiction, finding that the appellant voluntarily resigned to avoid a criminal trial, meaning there was no disciplinary decision to appeal.

Furthermore, even if there had been a decision, the appeal was filed beyond the mandatory 30-day statutory limitation period.

The appellant, a police officer, was charged criminally and suspended.

He subsequently agreed with the Crown to resign and take early retirement in exchange for the withdrawal of the criminal charges.

Months later, he appealed to the Commission, alleging constructive dismissal and harassment.

The Commission dismissed the appeal for lack of jurisdiction, finding that the appellant voluntarily resigned to avoid a criminal trial, meaning there was no disciplinary decision to appeal, and in any event, the appeal was filed outside the mandatory 30-day statutory limitation period.

The appellant police officer appealed a penalty of dismissal imposed after he pled guilty to discreditable conduct.

The charge arose from a criminal conviction for uttering death threats against his wife and mother-in-law, which he communicated to his young children.

This was his second disciplinary conviction relating to domestic violence.

The Ontario Civilian Police Commission dismissed the appeal, finding that the Hearing Officer considered all relevant factors, including the seriousness of the offence, the need for deterrence, and the damage to the police service's reputation, and that the penalty was within the appropriate range.

The Township of Red Rock applied to the Ontario Civilian Commission on Police Services for consent to abolish its municipal police service and contract policing to the Ontario Provincial Police (OPP).

The Commission reviewed the OPP's proposal, which involved integrating the existing municipal resources with the Nipigon OPP Detachment.

The Commission found that the proposal would provide adequate and effective police services, noting the acceptable police-to-population ratio and the benefits of shared resources.

Consent for the abolition was granted, subject to conditions including the installation of a direct emergency telephone line at the former police office and the referral of any unresolved severance matters to arbitration.

The appellant, a police officer, appealed a conviction for discreditable conduct (unlawful or unnecessary exercise of authority) arising from an incident where he entered a private residence without a warrant and used force against the homeowner during a missing person investigation.

The Ontario Civilian Police Commission dismissed the appeal, finding that the officer had no legal authority to enter the main residence after permission was revoked, and that there were no exigent circumstances justifying the entry or the use of force.

The Commission upheld the Hearing Officer's findings on credibility and the application of the law.

The appellant police officer appealed a disciplinary finding of unlawful or unnecessary exercise of authority and the resulting penalty of ten days' docked pay.

The officer had used excessive force against a young offender during a traffic stop and subsequent interview, including pushing the youth against a van and slapping him in the face.

The Ontario Civilian Police Commission upheld the Hearing Officer's findings, concluding that the evidence clearly established the misconduct, there was no reasonable apprehension of bias, and the penalty was appropriate given the lack of remorse and need for deterrence.

The United Counties of Stormont, Dundas and Glengarry applied to the Ontario Civilian Commission on Police Services for consent to abolish the North Glengarry Police Service and replace it with a unified Ontario Provincial Police (OPP) contract for the entire region.

The Commission reviewed the proposed policing arrangement to ensure it would provide adequate and effective police services.

While finding the overall complement appropriate, the Commission found the dedicated municipal policing complement unacceptably low compared to similar municipalities.

The Commission consented to the abolition subject to two conditions: the municipal complement must be increased to a minimum of 80 uniformed officers, and any outstanding disputes regarding severance and status of current members must be referred to arbitration if not resolved within 60 days.

The City of Peterborough and the Village of Lakefield applied to the Ontario Civilian Commission on Police Services for approval to amalgamate their police services.

The Commission reviewed the amalgamation agreement to ensure it provided adequate and effective policing and complied with the Police Services Act.

The Commission found the operational and financial arrangements satisfactory but held that a clause restricting the third municipal board appointee to someone who lives or works in Peterborough contravened the Act.

The Commission approved the amalgamation subject to the deletion of the non-compliant board composition clause.

The appellant police officer was dismissed after being found guilty of discreditable conduct for stealing $200 from an automated teller machine while on duty.

On appeal, the officer sought to introduce new evidence, including a psychiatric report and letters of support, to mitigate the penalty.

The Commission applied the Palmer test and admitted the letters of support, finding they had the potential to alter the result.

Applying the usefulness test, the Commission concluded that while the theft was serious, the officer's 16 years of unblemished service, the isolated nature of the incident, and the strong community and peer support indicated he could be reformed and would not irreparably damage the service's reputation.

The penalty of dismissal was varied to a demotion to third class constable for a minimum of one year.

The applicant police association applied to determine the status of the administrative assistant to the police service.

The tribunal found that the position met the requirements of a 'senior officer' under section 114 of the Police Services Act due to its confidential nature, as the employee had unfettered access to restricted documents and assisted with labour relations.

However, because there was no senior officers' association in the municipality, the tribunal ruled that the position could not be excluded from the bargaining unit and must be included in the applicant's collective agreement.

The appellant police officer appealed a penalty of dismissal imposed after he was convicted of two counts of discreditable conduct.

The charges arose from an off-duty bar brawl that resulted in criminal convictions for assault and causing a disturbance.

The Ontario Civilian Police Commission upheld the dismissal, finding that the officer's conduct was a clear transgression of his oath of office and that his history of criminal and disciplinary convictions demonstrated he could not be rehabilitated.

The appellant police officer pled guilty to neglect of duty and discreditable conduct after leaving his shift without permission to visit a casino.

At the disciplinary hearing, a joint submission proposed a penalty of 60 hours loss of leave.

The Hearing Officer rejected the joint submission without providing reasons and imposed a demotion in rank, which was upheld by the Board.

On appeal, the Commission found that the Hearing Officer and the Board erred by failing to provide clear and cogent reasons for departing from the joint submission.

Given the appellant's clear record and mitigating factors, the Commission set aside the demotions and imposed the jointly submitted penalty of 60 hours loss of leave.

The Municipality of Chatham-Kent applied to the Ontario Civilian Commission on Police Services under section 40 of the Police Services Act for consent to abolish the municipal police services of Chatham, Tilbury, Wallaceburg, and Dresden.

This abolition was proposed to establish a single new Chatham-Kent Police Service following the amalgamation of 22 communities into a single-tier municipality.

The Commission reviewed the comprehensive proposal developed by a Policing Task Force, which included detailed plans for staffing, facilities, communications, equipment, and budget.

The Commission found that the proposed arrangement would provide adequate and effective police services, noting that all existing municipal officers and civilian staff would be offered employment with the new service, thereby satisfying severance requirements.

The Commission granted consent to the abolition, effective in two phases, subject to the submission of a final report on implementation details.

The Town of Goderich applied for consent to abolish its municipal police service in order to contract with the Ontario Provincial Police.

The Commission previously withheld consent due to concerns about the lack of a visible local police office.

The Town subsequently provided a detailed plan, budget, and lease for a centrally located storefront community policing office.

Satisfied that the new accommodation plan met the community's needs, the Commission granted consent to abolish the municipal police service.

The Town of Goderich applied to the Ontario Civilian Commission on Police Services for consent to abolish its municipal police force and contract policing services from the Ontario Provincial Police (OPP).

The Commission reviewed the proposal to determine if it would provide adequate and effective police services.

While the Commission found the proposed staffing, supervision, equipment, and dispatching arrangements to be satisfactory, it concluded that the proposal lacked a concrete plan for a local community policing facility.

As a visible local presence was deemed essential, the Commission denied the request for abolition but remained seized of the matter for 90 days to allow the Town to present a detailed facility plan.

The Towns of Meaford and Thornbury applied to the Ontario Civilian Commission on Police Services for approval to amalgamate their respective police services.

The Commission reviewed the proposed amalgamation agreement, which included provisions for a joint police services board, transfer of members, assets, liabilities, and budgeting.

The Commission found that the proposed amalgamation would provide adequate and effective policing to both communities, noting benefits such as 24-hour policing for Thornbury and a modern police facility.

The Commission approved the amalgamation effective November 1, 1997, subject to the requirement that appointments to the new board comply with the Police Services Act.

The Town of Collingwood applied to the Ontario Civilian Commission on Police Services for consent to abolish its municipal police force and enter into a contract with the Ontario Provincial Police (OPP).

The Commission reviewed the proposal for an integrated OPP detachment and found it would provide adequate and effective policing.

As severance agreements were signed for terminated employees and outstanding matters referred to arbitration, the Commission consented to the abolition of the municipal force.

The appellant, a junior police officer, was dismissed after pleading guilty to discreditable conduct for off-duty shoplifting of items worth $6.10.

At the time of the incident, she was suffering from major depression.

She appealed the penalty of dismissal.

The Ontario Civilian Police Commission allowed the appeal, finding that while the conduct was discreditable, the penalty of dismissal was excessive given her unblemished record, her acceptance of responsibility, and the psychiatric evidence explaining her behaviour.

The penalty was varied to a forfeiture of 20 days off.