/Adjudicator

minicounsel

Zahra Dhanani — Member

Member·Ontario Civilian Police Commission

Zahra Dhanani

Since 2009

cases · 8 yrs · OCPC

Trial

Motion

Costs

Appeal

Sentencing

Member· 43Member· 2

Purbrick v. Ontario Provincial Police, 2011 CanLII 101567

Police officer's dismissal for theft varied to demotion due to unconsidered mitigating character and rehabilitation evidence.

The appellant police officer appealed a penalty of immediate dismissal imposed after he pled guilty to discreditable conduct for stealing gas and supplies from the detachment.

The Ontario Civilian Police Commission allowed the appeal, finding the Hearing Officer made significant errors by failing to consider substantial mitigating character evidence and the appellant's successful rehabilitation for PTSD and alcoholism.

The penalty was varied to a demotion to fourth-class constable with strict conditions for ongoing psychological monitoring.

OCPCMay 25, 2011

Constable Jeffrey Gulick v. Ottawa Police Service, 2011 CanLII 101560

Police officer's appeal of dismissal penalty for violently resisting arrest and assaulting colleagues dismissed.

The appellant, a 25-year veteran police officer, appealed the penalty of dismissal or resignation imposed after he pled guilty to discreditable conduct.

The disciplinary charge stemmed from an off-duty incident where the appellant, after failing a use of force re-qualification, consumed alcohol, destroyed property in his home, and violently resisted arrest by assaulting and threatening responding officers.

The Commission upheld the Hearing Officer's decision, finding no error in the assessment of the evidence or the application of the relevant penalty factors, and concluded that the appellant's egregious conduct destroyed his usefulness to the police service.

OCPCApr 15, 2011

Mamak v. Ottawa Police Service, 2011 CanLII 101561

Police officer's appeal of dismissal for unauthorized CPIC check and breach of confidence dismissed.

The appellant police officer appealed findings of guilt for insubordination and breach of confidence, as well as the penalty of resignation or summary dismissal.

The charges arose from an unauthorized CPIC check on a surveillance vehicle involved in a joint forces investigation, and the subsequent disclosure of that information to an undercover officer.

The Ontario Civilian Police Commission upheld the Hearing Officer's findings, concluding that the credibility assessments and factual determinations were reasonable and supported by clear and convincing evidence.

The penalty of dismissal was also upheld given the serious nature of the misconduct, the officer's lack of remorse, and the paramount importance of protecting the CPIC database.

OCPCApr 13, 2011

Saxon v. Amherstburg Police Service, 2011 CanLII 101559

Police officer's appeal of discreditable conduct conviction for incivility toward civilian employee dismissed.

The appellant police officer appealed his conviction for discreditable conduct for incivility toward a civilian town employee.

The appellant argued the Hearing Officer erred in assessing credibility, failed to consider his medical state, and exhibited a reasonable apprehension of bias due to a comment about his counsel's ethnicity.

The Ontario Civilian Police Commission dismissed the appeal, finding the Hearing Officer's decision was reasonable, supported by the evidence, and applied the correct objective test for discreditable conduct.

The Commission also held that the single comment regarding counsel's ethnicity, while inappropriate, did not impact the substantive issues or create a reasonable apprehension of bias.

OCPCFeb 16, 2011

Jander v. Toronto Police Service, 2009 CanLII 93060

Police officer's disciplinary appeal dismissed for lack of jurisdiction after missing strict 30-day statutory deadline.

The moving party brought a motion to dismiss the appellant's appeal of a disciplinary penalty on the basis that the notice of appeal was filed 11 days after the 30-day statutory deadline.

The appellant did not oppose the motion.

The Ontario Civilian Police Commission found that section 70(1) of the Police Services Act imposes a strict 30-day time limit and that the 1997 amendments to the Act removed the Commission's discretion to extend the time for filing appeals.

The motion was granted and the appeal was dismissed for lack of jurisdiction.

OCPCNov 3, 2009

Page 3 of 3 (45 cases)

Associate Counsel for the Appellant, Constable Chad Power

Samuel WalkerCounsel
1 appearance

Counsel for the Appellant, Constable Chad Power

Scott HutchisonCounsel
1 appearance

Counsel for The City of Kawartha Lakes Police Service

Glenn P. ChristieCounsel
1 appearance

Counsel for the Greater Sudbury Police Service

David MigicovskyCounsel
1 appearance

Counsel for the Respondent, Constable Jacky Lord

Mark WallaceCounsel
1 appearance

Counsel for the Respondent, London Police Service

Bruce K. BrownCounsel
1 appearance

Counsel for the Respondent Officers

Joseph MarksonCounsel
1 appearance

Counsel for the Respondent, Ottawa Police Service

Joël DuboisCounsel
1 appearance

Counsel for the Respondent Service

David CowlingCounsel
1 appearance

for Chief Gauthier

Alex SinclairCounsel
2 appearances
Ian JohnstoneCounsel
2 appearances

for Chief John Gauthier

Alex SinclairCounsel
1 appearance
Ian JohnstoneCounsel
1 appearance

for Daryl Bennett

Richard TaylorCounsel
3 appearances

for Daryl Bennett (Moving Party)

Richard TaylorCounsel
1 appearance

for Daryl Bennett (Responding Party)

Richard TaylorCounsel
1 appearance

for the Amherstburg Police Service

David G. CowlingCounsel
1 appearance

for the Appellant

David ButtCounsel
2 appearances
W. Vincent CliffordCounsel
1 appearance
Andrew P. McKayCounsel
1 appearance
Constable Thomas BrownSelf-represented
1 appearance
Elizabeth GalazkaSelf-represented
1 appearance
Jeffrey GreenSelf-represented
1 appearance
Joanne E. MulcahyCounsel
1 appearance
Katherine M. NelsonCounsel
1 appearance
Lawrence GridinCounsel
1 appearance
Leo KinahanCounsel
1 appearance
Luigi DiPierdomenicoCounsel
1 appearance
Mark WallaceCounsel
1 appearance
Maureen SalamaCounsel
1 appearance
Peter ThorningCounsel
1 appearance
Richard NimanCounsel
1 appearance
Robert ActonSelf-represented
1 appearance
Soloman LamCounsel
1 appearance
William J. CarrollCounsel
1 appearance
William MacKenzieCounsel
1 appearance

for the Appellant, Constable Craig Markham

Pamela MachadoCounsel
1 appearance

for the Appellant Constable Michael Amato

William MacKenzieCounsel
1 appearance

for the Appellant, Constable Mulholland

Harry G. BlackCounsel
1 appearance

for the Appellant Dorothy Nesbeth

Linda McCurdyCounsel
1 appearance

for the Appellant Pat Nisbett

Julian RoyCounsel
1 appearance

for the Applicant

Andrew WrayCounsel
1 appearance

for the Applicants

Adam WebbeCounsel
1 appearance
Joshua PhillipsCounsel
1 appearance

for the Commission

Erin RizokCounsel
2 appearances
Victoria KondoCounsel
2 appearances

for the Moving Party

David ButtCounsel
1 appearance
Harry G. BlackCounsel
1 appearance
Sergeant Gary LavoieSelf-represented
1 appearance

for the Niagara Regional Police Association

Barrie ChercoverCounsel
1 appearance

for the Ontario Civilian Police Commission

Prabhu RajanCounsel
3 appearances
Melanie GorenCounsel
2 appearances
Erin RizokCounsel
1 appearance
Hera EvansCounsel
1 appearance
Brian G. WhiteheadCounsel
1 appearance
Victoria KondoCounsel
1 appearance

for the Ontario Civilian Police Commission (Moving Party)

Melanie GorenCounsel
1 appearance
Prabhu RajanCounsel
1 appearance

for the Ontario Civilian Police Commission (Responding Party)

Melanie GorenCounsel
1 appearance
Prabhu RajanCounsel
1 appearance

for the Ontario Provincial Police

Christopher DianaCounsel
1 appearance

for the Respondent

Ian SolomonCounsel
3 appearances
David CowlingCounsel
2 appearances
Ian JohnstoneCounsel
2 appearances
Sharon WilmotCounsel
1 appearance
Christiane HuneaultCounsel
1 appearance
Joël DuboisCounsel
1 appearance
Katie ClementsCounsel
1 appearance
Lynda BordeleauCounsel
1 appearance
Michael DoiCounsel
1 appearance
Michael MartoshCounsel
1 appearance
Robert E. HoustonCounsel
1 appearance
David MigicovskyCounsel
1 appearance

for the Respondent Board and Police Chief

Alex SinclairCounsel
1 appearance
Ian B. JohnstoneCounsel
1 appearance

for the Respondent, Constable Jacky Lord

Mark WallaceCounsel
1 appearance

for the Respondent, Constable Sean Ralph

William CarrollCounsel
1 appearance

for the Respondent Durham College

Joyce TamCounsel
1 appearance

for the Respondent Officers

Joseph MarksonCounsel
1 appearance

for the Respondent Officers Const. Sirie and Const. Freeman

Jeffrey BroadbentCounsel
1 appearance
Jonathan ShimeCounsel
1 appearance

for the Respondent, Ottawa Police Service

Christiane HuneaultCounsel
1 appearance
Vincent WestwickCounsel
1 appearance

for the Respondent, Peel Regional Police Service

Lynda BordeleauCounsel
1 appearance

for the Respondent Sault Ste. Marie Police Service

Ian JohnstoneCounsel
1 appearance

for the Respondent Service

David CowlingCounsel
1 appearance

for the Respondents, Seguin and Wallace

Harry G. Black, Q.C.Counsel
1 appearance

for the Respondent, Toronto Police Service

Sharon WilmotCounsel
1 appearance

for the Respondent, Waterloo Regional Police Service

Gary V. MelansonCounsel
1 appearance
Virginia TorranceCounsel
1 appearance

for the Respondent York Regional Police Service

Jason FraserCounsel
1 appearance

for the Responding Party

Jason FraserCounsel
1 appearance
Joel DuboisCounsel
1 appearance

for the Responding Party, Greater Sudbury Police Service

David MigicovskyCounsel
1 appearance

for the Statutory Intervener, The Independent Police Review Director

Miriam SaksznajderCounsel
1 appearance

for the Statutory Intervener the Office of the Independent Police Review Director (OIPRD)

Miriam SaksznajderCounsel
1 appearance

for the Windsor Police Service

David MigicovskyCounsel
1 appearance

Public Complainant

Robert FrancisSelf-represented
1 appearance

self-represented

Gary LavoieSelf-represented
1 appearance

Self-Represented Appellant

Constable Randy JohnsonSelf-represented
1 appearance
Magabi SuleimanSelf-represented
1 appearance
Robert ActonSelf-represented
1 appearance

Decisions

Years active

Tribunals

2009–2016

Active range

OCPC45(100%)

Decision types

appeal

motion

trial

Page 3 of 3 (45 cases)