Seppo Paivalainen

The appellant police officer appealed a Hearing Officer's decision imposing the penalty of immediate dismissal following his guilty plea to a charge of use of unnecessary force.

The officer had assaulted a handcuffed, intoxicated prisoner in the back of a scout car after daring the prisoner to spit in his face.

The Ontario Civilian Police Commission reviewed the Hearing Officer's assessment of mitigating and aggravating factors, including the officer's prior disciplinary record and the egregious nature of the assault.

The Commission found the Hearing Officer's decision to be reasonable and confirmed the penalty of immediate dismissal.

The appellant police officer appealed the penalty of a 20-month demotion from Sergeant to First Class Constable imposed following his guilty plea to discreditable conduct.

The misconduct involved off-duty impaired driving and an altercation with a witness.

The appellant argued the Hearing Officer erred by considering facts not in evidence, giving insufficient weight to mitigating factors, misdirecting himself on internal policies, and improperly differentiating joint submission cases.

The Ontario Civilian Police Commission found no clear error in principle and confirmed the penalty, emphasizing the seriousness of drinking and driving by police officers.

The appellant police officer appealed a Hearing Officer's finding of discreditable conduct and the resulting penalty of forfeiture of eight days' pay.

The misconduct involved the officer repeatedly accepting free meals from a restaurant while in uniform.

The Commission applied a reasonableness standard of review to the finding of misconduct and the penalty.

The Commission found that the Hearing Officer's decision was justified, transparent, and intelligible, and that the penalty was within the appropriate range given the officer's conduct and disciplinary history.

The appeal was dismissed and the decision confirmed.

The appellant, an unrepresented public complainant, appealed the dismissal of disciplinary charges against a police officer.

The appellant argued that the Hearing Officer breached natural justice and procedural fairness by failing to provide him with a meaningful opportunity to participate in the hearing.

The Ontario Civilian Police Commission agreed, finding that the Hearing Officer failed to provide the minimum level of assistance required for an unrepresented party, such as explaining the process, confirming his understanding, and inviting him to call or cross-examine witnesses.

The appeal was allowed and a new hearing was ordered.

The Amherstburg Police Service brought a motion to file three affidavits responding to allegations of breaches of natural justice and procedural fairness in a disciplinary proceeding.

The Commission dismissed the motion, finding that the alleged breaches could be determined by reference to the record, making the affidavit evidence unnecessary and unfair.

The Commission also noted that it is improper for a Hearing Officer to swear an affidavit explaining their conduct after the fact.

Constable Wong appealed a finding of misconduct and a penalty of a one-day suspension without pay for making an unlawful arrest during the G20 Summit.

The public complainant also appealed the penalty, arguing it was inadequate.

The Ontario Civilian Police Commission found that the Hearing Officer erred in law regarding the burden of proof and the essential elements of the misconduct charge.

However, the Commission exercised its power to substitute its own decision, finding that the evidence supported the misconduct charge on a balance of probabilities.

The Commission upheld the one-day suspension penalty as reasonable.

The appellant in a police discipline appeal brought a motion to introduce an affidavit alleging prosecutorial incompetence and breaches of natural justice during the hearing.

The Commission dismissed the motion, finding that the affidavit did not qualify as fresh evidence under the Palmer test.

Applying the Keeprite test, the Commission held that affidavit evidence to supplement the record is only admissible in rare circumstances where the alleged breach cannot be proven by reference to the record.

Because the appellant's allegations could be ascertained from the hearing transcripts, the affidavit was inadmissible.

The moving party brought a motion to strike portions of a Notice of Appeal and factums filed by a public complainant and the intervener.

The impugned portions alleged breaches of natural justice and prosecutorial incompetence during a police disciplinary hearing.

The Ontario Civilian Police Commission dismissed the motion, finding that it lacked the statutory authority under the Police Services Act or the Statutory Powers Procedure Act to strike pleadings that are clearly connected to the central issue of whether misconduct was proved on clear and convincing evidence.