Winfield C. McKay, Esq.

The appellant police officer was convicted of insubordination for engaging in unsolicited religious conversation and distributing religious pamphlets to a member of the public, contrary to a direct order.

He appealed the conviction and the penalty of forfeiture of two vacation days, arguing that the order violated his freedom of religion under the Canadian Charter of Rights and Freedoms.

The Ontario Civilian Police Commission dismissed the appeal, holding that Charter rights must be balanced and that an employer may lawfully require an employee to refrain from conducting certain religious activities during working hours.

The conviction and penalty were confirmed.