Wendy Louise Calder

The appellant, a police constable, appealed his conviction and penalty of forfeiture of 10 days off for being unfit for duty through drinking intoxicating liquor.

The appellant argued that the presiding officer failed to consider evidence of his innocence and improperly assessed evidence of fitness for duty, claiming the odour of alcohol was from beer spilled on his uniform.

The Ontario Civilian Police Commission dismissed the appeal, finding sufficient evidence of alcohol consumption, including bloodshot eyes and an agitated manner, and confirmed the conviction and penalty.