W. C. McKay

Two police officers appealed their convictions and penalties for neglect of duty after failing to search two highly intoxicated prisoners before leaving them in a detachment cell under the supervision of a civilian guard.

During their 20-minute absence, one of the prisoners died, and a subsequent search revealed numerous items that should have been removed according to Force Procedures.

The Ontario Police Commission dismissed the appeals, finding that the officers did not act reasonably in postponing the search and that the failure to remove the articles was a clear breach of procedure.

The penalties of forfeiture of one weekly rest day were confirmed.

The appellants, a corporal and a constable, appealed their convictions for neglect of duty under the Police Act.

The charges arose from an incident where a civilian turned in a firearm for disposal, and the constable kept it for personal gain with the corporal's knowledge, in breach of Force procedures.

The Ontario Civilian Police Commission found that while there was no intent to deceive, intent is not an element of the offence.

The Commission confirmed the convictions and the penalties of forfeiture of pay and vacation days, dismissing the appeals.