W. Thomas McGrenere, Esq., Q.C.

The appellant police constable appealed a disciplinary sentence reducing his rank from first class to second class constable for one year.

He had pleaded guilty to neglect of duty after being found asleep in his police cruiser outside his patrol area.

The appellant argued the sentence was excessive, inconsistent with previous cases, and contrary to the prosecutor's recommendation.

The Ontario Civilian Police Commission dismissed the appeal, finding the Deputy Chief considered all relevant matters and properly exercised his discretion in imposing the sentence.

The appellant police officer appealed his convictions for insubordination and consuming intoxicating liquor in a manner prejudicial to duty, for which he had been ordered to resign or be dismissed.

The Ontario Civilian Police Commission upheld the insubordination conviction, finding that reporting late for duty constituted neglect of a lawful order.

However, the Commission quashed the conviction for consuming intoxicating liquor, concluding there was insufficient evidence that the officer was unfit for duty, as independent evidence showed him acting normally.

The penalty was varied to a forfeiture of twenty days of leave for the insubordination conviction.